Hướng dẫn 11/HD-TLĐ năm 2024 Công đoàn tham gia thực hiện dân chủ ở cơ sở do Tổng Liên đoàn Lao động Việt Nam ban hành

GUIDELINES

ON TRADE UNION’S PARTICIPATION IN EXERCISE OF GRASSROOTS DEMOCRACY

Pursuant to the Labor Code 2019;

Pursuant to the Trade Union Law 2012;

Pursuant to the Law on Exercise of Grassroots Democracy 2022;

Pursuant to Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on elaboration of and guidelines for the Labor Code on working conditions and labor relations;

Pursuant to Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government on elaboration of the Law on Exercise of Grassroots Democracy 2022;

Pursuant to the Charter of the Vietnam Trade Union;

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Part I

TRADE UNION’S PARTICIPATION IN EXERCISE OF GRASSROOTS DEMOCRACY AT AGENCIES

I. PARTICIPATION IN DEVELOPING DEMOCRACY REGULATIONS

The trade union shall proactively propose to the head of agency the development of the Grassroots Democracy Regulations of the agency (hereinafter referred to as the Regulations) in accordance with Articles 46 to 63 of the Law on Exercise of Grassroots Democracy.  In addition, the trade union shall propose the inclusion of the following content in the Regulations:

1. Make public the agency’s support policies and benefits for officers, public employees, workers (hereinafter referred to as officers) currently working at the agency.

2. Officers are entitled to discuss and decide on their participation in clubs, professional social organizations, socio-political and professional organizations, and other social organizations in accordance with the law.

3. Officers are entitled to social media to provide feedback when the agency collects feedback from officers through social media, provided that it does not violate any legal provisions.

4. Officers are entitled to use audio-recording and video-recording devices in accordance with the law when inspecting and monitoring matters stipulated in Article 56 of the Law on Exercise of Grassroots Democracy, unless otherwise provided by law.

5. Holding officer conferences:  Officer conferences are held from the department, division, and subsidiary levels.  Agencies with 7 or fewer officers are encouraged to hold officer conferences.

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Based on legal regulations and actual circumstances at each agency, the trade union of agency shall participate in holding officer conferences as follows:

1. Preparation

1.1. Development of officer conference plans

The trade union shall proactively propose and coordinate with the head of agency to develop an officer conference of the agency and disseminate the plan to all officers in the agency.  The plan shall include the following key contents:

- Format of the officer conference (plenary conference or delegate conference).

- Time and location of the officer conference.

- Agenda of the officer conference.

- Participants in the officer conference:  Invited delegates; ex-officio delegates, elected delegates (if it is a delegate conference).

- Responsibilities of the parties.

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1.2. Development of reports

- The head of agency is responsible for developing: Reports on self-assessment of the implementation of the Party's guidelines, policies, and state laws related to the agency's functions and tasks; reports on evaluation, summary, and self-assessment of the head's performance in implementing the annual work plan; reports on summary of the emulation movement, results of commendation and reward, and the content of the next year's emulation commitment; reports on implementation of the agency's internal regulations (if any).

- The trade union of agency is responsible for developing: Reports on self-assessment of the implementation of the previous officer conference resolutions and regulations on democratic practices in the agency; and reports on consolidation of officers’ proposals and recommendations. 

- People's Inspection Board: shall prepare an annual report on its activities and a work plan for the following year. (The trade union of agency shall guide the People's Inspection Board in carrying out this task.)

1.3. Participants in officer conferences

- Plenary conference:  Participants are all officers of the agency.

- Delegate conference:

+ Ex-officio delegates:  The trade union shall propose to the head of agency a list of ex-officio delegates, including leaders; party committee; school council, school management board (for education sector); board of directors (for the production and business sector); trade union executive board; People's Inspection Board; and representatives of other political and social organizations within the agency.

+ Elected delegates:  The trade union shall propose a suitable structure and number of elected delegates. The election of delegates attending officer conferences from departments, divisions, and subsidiaries must ensure democracy, objectivity, representativeness, taking into account gender, ethnicity, and other relevant factors. Based on the conditions for holding the officer conference, the trade union coordinates with the head of agency to agree on the proportion of elected delegates on the number of additional officers.  For example:  For agencies with more than 101 officers, one additional delegate shall be elected for every 10 additional officers.

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The trade union shall propose and agree with the head of agency on the template and content of the officer conference backdrop (Form 06 in the appendix).

2. Holding officer conferences

2.1. Presiding panel and secretary of officer conferences

- Presiding panel:  The member of presiding panel is responsible for conducting the officer conference and resolving any issues that arise during the conference within their authority.  The trade union shall propose and agree with the head of agency on a presiding panel consisting of two members: the head of agency and the chairperson of the trade union.  All members of the presiding panel shall have equal rights and shall divide responsibilities in a manner commensurate with their roles and responsibilities.

- Secretary:  The secretary is responsible for taking minutes of the conference, assisting the presiding panel in handling conference-related issues, and finalizing conference documents immediately after the conference concludes.  The conference shall have two secretaries appointed by the presiding panel.

- In the event that the members of the presiding panel cannot reach a consensus on a particular issue during the officer conference, the opinions of the conference shall be sought.

2.2. Progress of the officer conference

- Statement of purpose and introduction of delegates.

- The chairperson presides over the conference.

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- Presentation of reports.

- Discussion and exchange of views among the delegates.

- The chairperson provides clarifications, receives feedback and suggestions from officers, responds to relevant inquiries, and concludes by approving the presented reports, internal regulations and rules of the agency (if any).

- The representative of the People's Inspection Board presents their annual performance report and the work plan for the following year.

- Invite leaders of superior agencies to deliver a speech (if any).

- Election of the People's Inspection Board (if any).

- Awarding, launching emulation movements, and signing emulation commitments (if any).

- The conference will make decisions on the matters discussed by the officers during the conference (if any).

- Voting to approve the conference resolution.

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Notes: If the officer conference is held online, the trade union proposes that the head of agency clearly specify in the conference plan the conditions and procedures for ensuring a safe and convenient online conference, as well as the voting and discussion procedures, including the format, ballot templates, time duration for voting, valid and invalid votes, and confirmation of online voting results, etc.

3. Implementation of the officer conference resolution

Immediately following the conclusion of the officer conference, the trade union executive board shall actively collaborate with the head to perform the following tasks:

- Disseminate the officer conference resolution to all officers.

- Incorporate and finalize the content of the reports approved by the officer conference, and issue and send the reports to the superior.

- Amend the internal rules and regulations of the agency according to the conference resolution (if any).

- Direct subsidiary levels according to assigned functions and tasks to implement the resolution of the officer conference.

- Every 6 months, evaluate the implementation of the resolution of the officer conference (evaluate the implemented tasks, existing problems, difficulties, arising in the implementation process),and propose solutions to implement the resolution of the officer conference in the following period.

Notes: For educational institutions, in addition to implementing clauses 1, 2, and 3 of Section II, Part I of this Guide, the trade union proposes and agrees with the school council, school management board, or school/academy board of directors to hold an officer conference at the beginning of the new school year, but no later than three months after the start of the new school year. This should be documented in the agency’s regulations.

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TRADE UNION’S PARTICIPATION IN DEVELOPMENT AND EXERCISE OF DEMOCRACY AT EMPLOYERS

Section 1. TRADE UNION’S  PARTICIPATION IN DEVELOPMENT AND EXERCISE OF DEMOCRACY AT STATE-OWNED ENTERPRISES

I. PARTICIPATION IN DEVELOPING DEMOCRACY REGULATIONS

Beyond the provisions outlined in Articles 64 to 81 of the Law on Exercise of Grassroots Democracy, and in accordance with Clauses 1 to 5 of Section I, Part I of this Guide, the trade union shall propose the employer to include the following additional provisions in the Regulations:

1. The Chairperson of the grassroots trade union is allowed to participate in the councils or steering committees of the enterprise (emulation, reward, and discipline board, the salary increase board, and the innovation board, etc.)

2. Employee conferences are held from the group, team, department, division, workshop, and subsidiary levels (according to the organizational structure and scale of the enterprise).

3. Encourage enterprises with fewer than 10 employees to hold employee conferences.

II. PARTICIPATION IN HOLDING EMPLOYEE CONFERENCES

1. Preparation

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The trade union shall proactively propose and agree with the employer to apply Clause 1, Section II, Part I of this Guide to develop a plan to hold an employee conference and disseminate it to employees in the enterprise.

1.2. Development of reports

- The employer is responsible for developing: Report on self-assessment of the previous employee conference resolution and provisions on exercise of grassroots democracy at the workplace; report on the enterprise’s production and business performance in the previous year, as well as the direction and plan for the following year; report on evaluation, summary, and self-assessment of the role and responsibility of the employer in implementing the previous year's production and business plan; report on review of emulation movement, results of commendation, contents of emulation commitments, and the enterprise’s internal regulations, rules, procedures, and collective labor agreements (if any).

- The trade union is responsible for developing: Report on consolidation of proposals and suggestions made by employees at employee conferences of enterprise’s subsidiaries.

- People's Inspection Board: shall prepare their annual performance report and a work plan for the following year. (The trade union shall guide the People's Inspection Board in carrying out this task.)

1.3. Participants in employee conferences

- Plenary conference:  Participants are all employees of the enterprise.

- Delegate conference:

+ Ex-officio delegates:  The trade union, in agreement with the employer, shall propose that the following individuals serve as ex-officio delegates representing the employer: members of the Board of Directors or Board of Members or the Company President; General Director, Deputy General Directors, Directors, Deputy Directors; Audit Board; Chief Accountant, Human Resources Director; representatives of the Party committee; representatives of political and social organizations (if any); the People's Inspection Committee; the trade union executive board or representatives of the superior trade union executive board in the absence of a grassroots trade union (subject to agreement with the employer); and other cases as mutually agreed upon by the two parties and stipulated in the Regulations.

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1.4. Backdrop of the employee conference

The trade union agrees with the employer on the template and content of the backdrop of the employee conference (Form 06 in the appendix).

Notes: The employer is responsible for issuing invitations and summons to all attendees of the employee conference, as mutually agreed upon by both parties.

2. Holding employee conferences

The trade union shall proactively propose and agree with the employer to apply Clause 2, Section II, Part I of this Guide to hold an employee conference. Additionally, the following item shall be included in the conference agenda: Election of employee representatives to participate in the dialogue on behalf of the employees (after the chairperson of the conference has presented explanation and received feedback).

3. Implementation of the employee conference resolution

The trade union shall proactively propose and agree with the employer to apply Clause 3, Section II, Part I of this Guide to implement the resolution.

4. Holding employee conferences at the group and corporation level

Encourage the superior trade union of grassroots trade union to coordinate with the employer to hold employee conferences at the group and corporation level.  The time of conference shall be agreed upon by both parties.

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III. PARTICIPATION IN HOLDING WORKPLACE DIALOGUES

1. Number and composition of dialogue participants on the employee side

The number and composition of dialogue participants shall be determined in accordance with Article 38 of Government Decree No. 145/2020/ND-CP of December 14, 2020 on elaboration of and guidelines for the Labor Code regarding working conditions and labor relations (Decree 145). To effectively participate in the dialogue, the trade union shall proactively undertake the following:

1.1. For enterprises with 100% of employees being union members

The trade union shall elect or appoint members to participate in the dialogue, submit a list to the employer, and publicize it to all employees.

1.2. For enterprises with employees being non-union members

The trade union shall proactively meet with, consult with, and assist non-union employees in forming a representative group for dialogue.  The number of participants in the dialogue from each side shall be determined proportionally based on the number of union members and non-union members in the total workforce at the time of determination.  The trade union shall compile a list of dialogue participants, submit it to the employer, and publicize it to all employees.

Notes: Selected dialogue participants should have a strong understanding of labor laws, regulations, policies, employment, wages, and the company's situation. They should also possess strong persuasive skills and enjoy the trust of both employees and employe.

2. Holding periodic dialogues

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2.1. Preparations for dialogues

- Develop a plan for participating in holding the dialogue; including the time, location, dialogue participants at the employee side; method for collecting employees' opinions on the proposed agenda for the periodic dialogue; the coordination and responsibility allocation among the trade union, employee’s body within the enterprise, and the employee representative group; method for communicating the outcomes of the dialogue, etc.

- Based on the collected opinions and aspirations of employees, select the matters in periodic dialogue that are suitable to the circumstances of the enterprise such as wages, bonuses, working hours, rest hours, shift meal quality, social insurance, unemployment insurance, health insurance; employee-initiated initiatives and solutions to improve product quality, productivity, business performance, and working conditions; the parties' responsibilities in implementing the outcomes of previous dialogues (if any). 

- The trade union president shall proactively meet with the employer to agree on the agenda, location, time, number of participants, and composition of the delegation from each side. This information shall be publicly announced to all employees.  It is recommended that each party appoints one representative to take the minutes of the dialogue.

- Collect employees' opinions on the proposed agenda for the periodic dialogue (through various methods such as distributing surveys, listening to employee feedback, holding trade union group meetings, departmental union meetings, and local union member meetings, utilizing suggestion boxes, conducting online surveys, and conducting surveys via social media platforms like Facebook and Zalo (created by the trade union), the enterprise's internal information network, etc.)

- Synthesize and decide on the content of the proposed agenda of periodic dialogue (note:  arrange the agenda items in order of priority, suitable for each dialogue and form of dialogue).  Do not propose too many agenda items. The issues selected for dialogue must ensure feasibility and be of interest to the majority of employees.

- Assign tasks to each dialogue participant, including: preparation of opinions, arguments, related documents, etc.

- Send the proposed dialogue agenda in writing to the employer at least 5 working days before the start date of the periodic dialogue.

- If there any feedback or proposed agenda item from the employer, trade union in charge, together with the employee’s body at the enterprise, the employee dialogue representative group to review and discuss to prepare arguments, counter-arguments, documents, etc. The employer may be provided with additional information to facilitate consensus before the dialogue.

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2.2. Conducting the dialogue

- During the dialogue, all participants shall demonstrate a cooperative and sharing spirit, working towards a consensus on all dialogue topics.  In the event of new issues arising, the employer shall be requested to consult internally or to temporarily suspend the dialogue to reach a consensus, after which the dialogue may resume or the new issue may be deferred to a subsequent dialogue.

- The minutes of the dialogue shall be signed by the legal representative of the enterprise or their authorized representative, as well as by the representative of the trade union, the representative of any employee’s bodies within the enterprise (if any), and the representative of the employee representative group (if any).  The dialogue may be audio-recorded or video-recorded with the mutual consent of both parties.

- Immediately following the dialogue, both parties shall finalize the minutes and agree on how to address any unresolved issues (if any).

2.3. Announcement of the dialogue outcomes

Within three working days of the conclusion of the dialogue, the trade union, in coordination with any existing employee’s bodies and the employee representative group, shall disseminate the dialogue outcomes to all employees. The employer shall be requested to publicly announce the main outcomes of the dialogue.

3. Holding dialogue upon request

The holding of dialogue upon the request of one or both parties shall be conducted in accordance with Article 40 of Decree 145. In addition, the trade union, in cooperation with any existing employee’s bodies and the employee representative group, shall pay attention to the following:

3.1. Dialogue upon request of the employee side

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- Receiving dialogue requests:  When a union member requests the trade union to represent them in a dialogue with the employer, the trade union shall collect the member's petition, clarify the reasons for the petition, and identify the union member’s proposals or grievances.  In cases where a union member directly submits a dialogue request to the employer, the trade union shall proactively gather information, meet with the member to discuss and advise on the content and procedures of the dialogue as prescribed by law, and encourage the member to let the trade union represent them in the dialogue.

- Get opinions from dialogue participants of the grassroots union:  the trade union shall hold a meeting of dialogue participants (as specified in Section 1/III, Part II of this Guide) and conduct a vote to decide whether to request a dialogue with the employer.  The request for a dialogue shall be approved only if at least 30% of the total eligible members agree.  If the request is not approved, the trade union shall inform the member and seek appropriate solutions.

- Send issues to be discussed in the dialogue to the employer: The trade union shall submit a written request for a dialogue to the employer, proposing the time, location, participants, and topics from the employees' side.

- Notify the dialogue topics to the employees:  Based on the employer's response and mutual agreement, the trade union shall notify employees, employee groups, and the entire workforce of the dialogue agenda as soon as practicable.

- Hold the dialogue: Similarly to holding periodic dialogues (according to point 2, clause III, item 1, Part II of this Guide).

3.1.2. In case the non-union employee requests a dialogue

When a non-union employee or a group of non-union employees requests the representative union to conduct a dialogue or directly submits a dialogue request to the employer, the trade union shall combine efforts to encourage the workers to join the trade union with the implementation of the steps outlined in 3.1.1 above.

3.2. Dialogue upon request of the employer side

- Dialogue topics must be approved by the legal representative of the employer and submitted to the trade union.

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- Upon receiving a dialogue request, the trade union shall hold a meeting to discuss and agree upon the topics, procedures, and participants; conduct research and analysis of the dialogue topics; prepare well-reasoned arguments; and assign speakers; ensure that the views expressed in the dialogue are persuasive, effective, and protect the rights and interests of employees.

4. Dialogue in case of incidents

Dialogues held to resolve specific labor relations issues require the trade union to:

- Have a thorough understanding of the nature of the case;

- Conduct a thorough study of relevant laws and enterprise regulations to address the situation;

- Employ excellent negotiation skills to best protect the rights of employees;

- Avoid escalating the situation, preventing collective action or illegal strikes;

- Listen attentively to the opinions of employees directly involved in the case, and cooperate effectively with the employer.

The procedures for the dialogue shall be mutually agreed upon by both parties and conducted in accordance with point 2, clause III, item 1, Part II of this Guide.

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Section 2. TRADE UNION’S PARTICIPATION IN EXERCISE OF DEMOCRACY AT ENTERPRISES, OTHER ORGANIZATIONS IN THE NON-STATE SECTOR THAT EMPLOY LABOR UNDER LABOR CONTRACTS

Pursuant to Article 82 of the Law on Exercise of Grassroots Democracy, considering the characteristics, labor situation, production and business activities, and scale of enterprises and other organizations in the non-state sector that employ labor under labor contracts, the trade union shall proactively propose to the employer to develop or amend the grassroots democracy regulations at the workplace.  Employers with fewer than 10 employees are encouraged to issue such regulations.

I. PARTICIPATION IN DEVELOPING DEMOCRACY REGULATIONS

The trade union shall propose the employer to add the following content in the Regulations:

1. Matters to be disclosed by the employer and forms of disclosure

In addition to the provisions of Article 43 of Decree 145, the trade union requests that the employer additionally disclose new regulations of the employer related to the employees' rights; conclusions of inspection, audit, and supervisory bodies, and the implementation of recommendations from inspection, audit, and supervisory bodies related to the employees' rights (except for information related to state secrets)…

2. Matters on which employees may express opinions and forms of collecting opinions

In addition to the provisions of Article 44 of Decree 145, the trade union proposes that the employer additionally include the following matters on which employees may express opinions: Dialogue topics; the process and results of collective bargaining, and the content and form of public disclosure, etc.

3. Matters on which employees may make decisions and forms of decision-making

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4. Matters that employees may oversee and monitor and forms of oversight and monitoring

In addition to the provisions of Article 46 of Decree 145, the trade union proposes that the employer additionally include the following content regarding employee oversight and monitoring:  the implementation of policies and regulations for employees, particularly state support policies for employees provided through the employer, severance pay, unemployment benefits; the implementation of dialogue outcomes and collective labor agreements in which the employer participates; the implementation of resolutions from labor conferences, conclusions of inspections, audits, and supervisory bodies, and the implementation of recommendations from inspections, audits, and supervisory bodies related to the employees' rights (unless prohibited by law).

5. Dialogue at the workplace

In addition to the provisions of Articles 37, 38 of Decree 145, the trade union proposes that the employer include additional provisions regarding:  the procedures for dialogue, and other forms of dialogue as stipulated in Clause 3, Article 63 of the Labor Code.

6. Employee conference

The Regulations should specify, in addition to the provisions of Decree 145, the following:  (as stipulated in Sub-section II, Section 1, Part II of this Guide and the attached sample regulations - Appendix 04); the format of conferences (in-person or online); and the scale of conferences (plenary conference or delegate conference).

7. Other forms of democracy

In addition to participating in the development of the Regulations as outlined in sections 1, 2, 3, 4, 5, and 6 above, the trade union proposes that the employer include additional provisions for other forms of democracy in the Regulations, such as:  democratic practices through suggestion boxes, open letters, proposals, forums, documents, publications, newsletters, and direct exchanges with employees, etc.

II. PARTICIPATION IN IMPLEMENTING DEMOCRACY REGULATIONS

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2. Review and analyze the employer's internal regulations, policies, and procedures, identify any provisions that are inconsistent with the law; evaluate the implementation of the Regulations and make proposals to the employer for amendments to ensure compliance; collaborate with the employer to guarantee efficient implementation. The trade union's participation shall be substantive, harmonious, and based on research and consultation with trade union officials and employees.

3. Initiate and oversee the implementation of the Regulations at their agency or level, promptly report any difficulties encountered during implementation and propose solutions in cooperation with the employer.

III. PARTICIPATION IN HOLDING EMPLOYEE CONFERENCES

1. Procedures and content

The trade union shall proactively adhere to the provisions of the law and Article 47 of Decree 145 to propose the format, content, and procedures for holding employee conferences. Trade unions with fewer than 10 members are encouraged to cooperate with the employer in holding employee conferences.

The trade union shall also propose and agree with the employer to apply and utilize the provisions of Subsection II, Section 1, Part II of this Guide to jointly hold employee conferences, ensure quality, effectiveness, and promote the democratic rights of union members and employees, thereby contributing to building harmonious, stable, and progressive labor relations within the enterprise.

2. Time of conference

2.1. Employee conferences at the enterprise’s subsidiary level

The conference of the subsidiaries shall be conducted according to the enterprise's employee conference plan, jointly issued by the employer and the trade union.

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Based on the actual situation, the trade union shall propose to the employer a suitable time for holding the employee conference, which shall be stipulated in the Regulations.

To promote employees' democratic rights in evaluating the previous year's performance and proposing solutions for the new year's tasks, the trade union should propose to the employer that the conference be held in the first quarter of each year.  For joint-stock companies, the conference should be held before the annual general meeting of shareholders so that employees can make proposals within the authority of the owners and have them presented and addressed promptly at the general meeting of shareholders.

2.3. Holding employee conferences at the group and corporation level

Encourage the superior trade union of grassroots trade union to coordinate with the employer to hold employee conferences at the group and corporation level.  The time of conference shall be mutually agreed upon by both parties (after subsidiaries have completed their employee conferences).

The procedures and content of the employee conference shall be mutually agreed upon by both parties, applying the provisions of Subsection II, Section 1, Part II of this Guide.

2.4. For non-public educational institutions,

In addition to implementing points 1 and 2 of this Clause III, the trade union proposes and agrees with the school board, board of directors, and school management to hold an employee conference at the beginning of the new academic year, but no later than three months from the opening day of the new academic year, and this shall be stipulated in the Regulations.

IV.  PARTICIPATION IN HOLDING WORKPLACE DIALOGUES

1. Number and composition of dialogue participants on the employee side

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1.1. For enterprises with 100% of union employees, enterprises with non- union employees

The trade union shall propose and agree with the employer to apply and utilize the provisions stipulated in items 1.1 and 1.2, point 1, clause III, section 1, part II of this Guide to allocate and select the number and composition of dialogue participants.

1.2. For enterprises with union employees, employees who are members of employee’s body in the enterprise, employees who are not members of employee representative group at the enterprise

The trade union, the enterprise's employee’s body, and the employee representative group (on the employee side) shall agree on the number and list of dialogue participants, corresponding to the proportion of trade union members, members of the employee’s body at the enterprise, and non-members of the employee representative organization among the total number of employees in the enterprise at the time of determination.  The trade union shall compile a list of dialogue participants, submit it to the employer, and publicize it to all employees.

1.3. For enterprises that have not yet established a trade union and an employee body at the enterprise

Based on the employees' request, the superior trade union shall consult with the employer on the content and methods of supporting employees in the enterprise to form an employee representative group to hold periodic dialogues, ensuring democracy and compliance with legal provisions.

Notes: Selected dialogue participants should have a strong understanding of labor laws, regulations, policies, employment, wages, and the company's situation. They should also possess strong persuasive skills and enjoy the trust of both employees and employe.

2. Holding periodic dialogues

The trade union shall propose and agree with the employer to apply and utilize the provisions stipulated in point 2, clause III, section 1, part II of this Guide to jointly hold dialogues.

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The holding of dialogue upon the request shall be conducted in accordance with Article 40 of Decree 145. In addition, the trade union, in cooperation with any existing employee’s body (if any) and the employee representative group, shall pay attention to the following:

3.1. Dialogue upon request of the employee side

3.1.1. In case the union employee requests a dialogue

The trade union shall propose and agree with the employer to apply and utilize the provisions stipulated in content 3.1.1, item 3.1, point 3, clause III, section 1, part II of this Guide to hold dialogues.

3.1.2. In case the employee who is not member of the employee representative group at the enterprise requests a dialogue

- When an employee or a group of employees who are not members of the employee representative organization requests the trade union to represent them in the dialogue or directly submits a dialogue request to the employer, the content, procedures, and methods of the dialogue shall be conducted as per item 1.1, point 1, clause IV of this section.

- Solicit opinions from employee representatives:  The solicitation of opinions shall be conducted in accordance with item 3.1, point 3, clause III, section I, part II of this Guide.

3.1.3. When employees or a group of employees (including trade union members, members of employee’s body at the enterprise, employees who are not members of employee representative group at the enterprise) requests a dialogue

- When employees or a group of employees (including trade union members, members of employee’s body at the enterprise, employees who are not members of employee representative group at the enterprise) simultaneously submit a request to the trade union, the employee’s body at the enterprise, and the employer regarding the same content, trade union shall proactively cooperate with the employee’s body at the enterprise, employees who are not members of the employee representative organization to conduct the dialogue as specified in point 1.1 above.

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3.1.4. In case the employee body at the enterprise proposes a dialogue with the employer, and invites the trade union and dialogue participants of the trade union to join the dialogue

When the employee body at the enterprise invites the trade union and dialogue participants of the trade union to join the dialogue with the employer, the trade union executive board shall request the employee body at the enterprise to provide the dialogue topics for study, discussion, advice, and guidance to the employee’s body on implementing the dialogue process in accordance with legal provisions, and shall also appoint a representative to participate in the dialogue to protect the legitimate rights and interests of employees.

Notes: If the trade union does not participate in the dialogue, it shall have the responsibility to monitor the dialogue process to promptly protect the legitimate rights and interests of employees.

3.2. Dialogue upon request of the employer side

The trade union shall propose and agree with the employer to apply and utilize the provisions stipulated in point 3.2, point 3, clause III, section 1, part II of this Guide to jointly hold dialogues.

4. Dialogue in case of incidents

The trade union shall propose and agree with the employer to apply and utilize the provisions stipulated in point 4, clause III, section 1, part II of this Guide to jointly hold dialogues.

Part III

RESPONSIBILITIES OF TRADE UNIONS AT ALL LEVELS AND ENTRY INTO FORCE

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1. Implement the Guidance on "Trade union participation in exercise of grassroots democracy" and develop materials for the purpose of propagation and training for all levels of the trade union.

2. Disseminate, heighten awareness, and provide training for Labor Federations of provinces and cities, central industry trade unions and their equivalents, and general corporations' trade unions under the Vietnam General Confederation of Labor on the provisions of the Law on Exercise of Grassroots Democracy, Decree 145, Decree 59, and other related legal regulations on the exercise of grassroots democracy.

3. Periodically inspect and supervise the implementation of the Party's policies, state laws, and the Vietnam General Confederation of Labor's regulations on grassroots democracy by trade unions at all levels; coordinate with competent authorities to inspect and supervise the exercise of grassroots democracy in agencies and enterprises.

4. Periodically summarize, evaluate, and assess the results, and commend and reward collectives and individuals with outstanding achievements in trade union participation in exercise of grassroots democracy; annually report to the Central Steering Committee on the results of grassroots democracy exercise by the Vietnam Trade Union.

5. Participate in and propose to competent regulatory agencies the building, amendment, and improvement of legal regulations on the exercise of grassroots democracy, especially proposals to address difficulties encountered during implementation.

II. FEDERATIONS OF LABOR OF PROVINCES, CITIES, CENTRAL INDUSTRY TRADE UNIONS AND EQUIVALENTS, AND GENERAL CORPORATIONS’ TRADE UNIONS UNDER THE VIETNAM GENERAL CONFEDERATION OF LABOR

1. Disseminate and propagate the Party's policies, state laws, and this Guide to trade union officials, members, and employees under their management; propose to the Party committee and local government at the same level to issue documents directing the exercise of grassroots democracy; proactively coordinate with relevant sectors, localities, and authorities to organize propagation and advocacy for the exercise of grassroots democracy to heads of agencies and employers in the locality.

2. Direct and guide superior trade unions to directly support grassroots trade unions, collectives of officer, and employees at agencies, enterprises to participate in exercising democracy at the grassroots level; organize pilot projects and draw lessons for widespread implementation within the scope of management.

3. Conduct training on professional skills and competencies for trade union officials at all levels to ensure they grasp the content, procedures, and skills required to participate in and support the exercise of grassroots democracy.

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5. Every 6 months (before June 15) and every year (before November 30), hold a preliminary and final review and report on the results of exercising democracy at the grassroots level to the General Confederation of Labor (according to Appendix No. 05 attached to this Guide).

III. SUPERIOR TRADE UNIONS OF GRASSROOTS TRADE UNIONS

1. Organize or coordinate with relevant departments at the same level and other competent authorities to disseminate and propagate the Party's policies, state laws, and the Confederation's regulations on the exercise of grassroots democracy to trade union officials, members, employees, heads of agencies and employers.

2. Provide training for grassroots trade union officials under their jurisdiction on the Party's policies, guidelines, state laws, and the guidance of superior trade unions related to the exercise of grassroots democracy.  Pay special attention to training and developing skills in collective dialogue, negotiation, and employee mobilization for grassroots trade union officials and dialogue participants.

3. Review grassroots trade unions under their management and enterprises in the locality regarding development and exercise of grassroots democracy to provide timely support.

4. Periodically summarize, evaluate, and report to the superior trade union on the results of grassroots democracy exercise.

5. Regularly monitor and supervise the exercise of grassroots democracy in agencies and enterprises to provide timely opinions to the government and relevant departments at the same level to urge and remind these agencies and enterprises to implement regulations and ensure the rights and benefits of officials and employees.

IV.  GRASSROOTS TRADE UNIONS

1. Coordinate with the head of the agency or employer to disseminate and propagate the Party's policies, state laws, the Confederation's regulations and superior trade unions on the exercise of grassroots democracy to trade union officials, members, employees of agencies and enterprises.

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3. Every six months and annually, organize reviews, evaluations, and report to the superior trade union on the results of grassroots democracy exercise in the agency or enterprise.

4. Regularly monitor and supervise the exercise of grassroots democracy in agencies and enterprises to provide timely opinions to the head of agency or employer regarding the exercise of grassroots democracy in accordance with regulations and ensure the rights and benefits of officials, employees, and enterprises.

V. ENTRY IN FORCE

This Guide comes into force as of the date of its signing and supersedes the Guide No. 41/HD-TLD dated November 11, 2021 on “Trade union participation in holding dialogue and exercising grassroots democracy at the workplace”.  Difficulties that arise during the implementation of this Guide should be reported to the Vietnam General Confederation of Labor (through the Labor Relations Department) for consideration, review, and proposed amendments as appropriate.

ON BEHALF OF  THE PRESIDIUM
DEPUTY PRESIDENT

APPENDIX

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Form No. 01

Minutes of periodic dialogue/dialogue upon request/dialogue upon incident

Form No. 02

Employee conference resolution in…[year]

Form No. 03

Minutes of employee conference in… [year]

Form No. 04

Decision on issuance of grassroots democracy regulations

Form No. 05

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Form No. 06

Officer conference backdrop; employee conference backdrop

Form No. 1

ENTERPRISE’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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MINUTES

OF PERIODIC DIALOGUE/DIALOGUE UPON REQUEST/DIALOGUE UPON INCIDENT AT THE WORKPLACE FOR THE ….. TH TIME OF THE YEAR 20..........

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Pursuant to Decision No.:.../QD-, dated .../.../... of the Director of Company………. on promulgating the Regulations on Grassroots Democracy at the Workplace;

At ... [hour, minute], on …..[date], at….. [location of the dialogue] Company ... held the dialogue ... for the … [th time] in… [year]

Participants:

1. Representative of the Company's Board of Directors:

Mr./Ms.:………………………………; position:………………………….

2. Representative of the collective of employees:

Mr./Ms.:………………………………; position:………………………….

3. Representative of the superior trade union (if any): 4.

Mr./Ms.:………………………………; position:………………………….

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...

Mr./Ms.:………………………………; position:………………………….

Part I. Dialogue topics (specify topics compiled from the opinions of employees or employers proposing the dialogue).

Part II. Development of the dialogue (opinions discussed by delegates attending the dialogue).

Part III. Results of the dialogue (agreed-upon items, solutions, performance and completion time; unresolved issues, and proposed remedies). The dialogue ended at ............... [hour, minute] on the same day.

The minutes shall be read aloud to all participants, signed by all parties, and prepared in ... copies, each having equal legal force. Each participant shall retain one copy, and one copy shall be kept on file at the company.  The minutes shall be disseminated to all employees for their information and compliance./.

SECRETARY

REPRESENTATIVE OF THE COLLECTIVE OF EMPLOYEES

DIRECTOR

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Form No. 02

ENTERPRISE’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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RESOLUTION

MINUTES OF EMPLOYEE CONFERENCE IN 202… [YEAR]

Pursuant to the Labor Code 2019; Law on Exercise of Grassroots Democracy 2022; Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on elaboration of and guidelines for the Labor Code on working conditions and labor relations; Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government on elaboration of the Law on Grassroots Democracy in 2022;

Pursuant to Decision No.:.../QD-, dated .../.../... of the Director of Company………. on promulgating the Regulations on Grassroots Democracy at the Workplace;

At ... [hour, minute], on …..[date], at….. [location of the dialogue] Company … held the employee conference in… [year]

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1. Representative of the Board of Directors.

2. Representative of the trade union executive board.

3. Invited delegates:  (if any).

4. And the presence of ... delegates, representing departments, divisions, workshops, and teams in the Company.

EMPLOYEE CONFERENCE OF COMPANY … YEAR…

HEREBY RESOLVES:

1. Unanimously approve the Report on the Company's production and business performance in the year...; directions, tasks, production and business plans in the year...

2. Unanimously approve the Report on the operation of the grassroots trade union in the year... and the directions for activities in the year...

3. The employee conference of Company unanimously approved, through a vote, the matters discussed and agreed upon at the conference, including (amendments to: company regulations, internal regulations or new or amended collective labor agreement ...); the election of representatives to participate in dialogues, the election of a people's inspection board (if any), and other matters directly related to employees' rights and obligations.

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5. The Conference called on all union members and employees to promote their sense of responsibility, actively participate in the labor emulation movements and other activities initiated by the Board of Directors and the trade union executive committee, contributing to the successful implementation of the Resolution of the employee conference in 202...

The Resolution of the employee conference in 202... was passed by the Conference and took effect as of the date of signing./.

SECRETARY

REPRESENTATIVE OF THE COLLECTIVE OF EMPLOYEES

DIRECTOR

Form No. 03

ENTERPRISE’S NAME
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...

MINUTES

OF EMPLOYEE CONFERENCE IN 202… [YEAR]

Pursuant to the Labor Code 2019; Law on Exercise of Grassroots Democracy 2022; Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on elaboration of and guidelines for the Labor Code on working conditions and labor relations; Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government on elaboration of the Law on Grassroots Democracy in 2022;

Pursuant to Decision No.:.. . ../QD - , dated ... month ... year 20... of the Director of Company ....... on promulgating the Regulations on Grassroots Democracy at the Workplace;

At … [hour, minute], on……………[date], at….Company held the employee conference of the year ...

Participants: ... (number of union members) / ...  (number of employees), representing departments, divisions, workshops, production teams in the Company.

A. CEREMONY

1. Declaring the purpose and introducing delegates.

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B. AGENDA (chaired by the presiding panel)

1. Representative of the Board of Directors reports on the production and business operations; the implementation of labor contracts and internal regulations, disclosures to union members and employees for oversight purposes, the implementation of employee benefits during the year ..., as well as the production and business plans, targets, and objectives for the year ...; and shall address and explain any suggestions or proposals made by employees.

2. Representative of the trade union executive board reports on the performance of the trade union, coordination with the Board of Directors to implement the collective labor agreement, efforts to care for and protect the legitimate rights and interests of employees; matters on which employees have the right to express their opinions, make decisions, and conduct oversight; and the compilation of employee suggestions and proposals.

3. Delegates discuss:  (recording opinions of each person).

4. Electing members to participate in the dialogue (if any).

5. Electing the People's Inspection Board (for state-owned enterprises, if any).

6. Speeches of leaders (if any).

7. Awarding, launching emulation movements, and signing emulation commitments (if any)

8. Voting to adopt the employee conference resolution or the main contents of the meeting minutes.

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SECRETARY

PRESIDING PANEL

Form No. 04

ENTERPRISE’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.……../QD-  

[Location]..............., [date].........................

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DECISION ON

Issuance of grassroots democracy regulations at the workplace

DIRECTOR OF THE COMPANY ...

Pursuant to the Labor Code 2019;

Pursuant to the Law on Exercise of Grassroots Democracy 2022;

Pursuant to Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on elaboration of and guidelines for the Labor Code on working conditions and labor relations;

Pursuant to Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government on elaboration of the Law on Exercise of Grassroots Democracy 2022;

Pursuant to the Charter (Operating Regulations) of the Company...;

At the request of,

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...

Article 1. Issue together with this Decision, the Regulations on Grassroots Democracy at the Workplace of the Company...

Article 2. This Decision takes effect from the date of signing.

Article 3. The Board of Directors; the Executive Board of the Grassroots Trade Union; subsidiaries and all employees working at the Company shall implement this Decision./.

DIRECTOR
(signature, seal)

ENTERPRISE’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

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GRASSROOTS DEMOCRACY REGULATIONS AT THE WORKPLACE

(Attached to Decision No. .................. /QD-......dated ... month ... year 202…. of the Director of Company ............)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Regulation provides for the rights and responsibilities of employers, employees and employee representative organizations at the grassroots level in implementing the Grassroots Democracy Regulations at the Workplace of Company ....

Article 2. Regulated entities

1. Employees working under labor contracts at the Company.

2. Board of Directors, Board of Management of the Company.

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Article 3. Implementation principles

1. Good faith, cooperation, honesty, equality, transparency, and transparency;

2. Respect for the legitimate rights and interests of employees, employers and other relevant organizations and individuals;

3. The implementation of democracy regulations may not go against law or social ethics.

Article 4. Prohibited acts when implementing democracy regulations

1. Infringing upon national security, social order and safety, the interests of the state, enterprises, and individuals;

2. Violating the legitimate rights and interests of employers and employees;

3. Repression or discrimination against individuals participating in dialogue, filing complaints, or making denunciations.

4.

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CONTENTS OF GRASSROOTS DEMOCRACY REGULATIONS AT THE WORKPLACE

Section 1

MATTERS TO BE DISCLOSED BY THE EMPLOYER, MATTERS ON WHICH EMPLOYEE MAY EXPRESS OPINIONS, MAKE DECISIONS, OR OVERSEE AND MONITOR

Article 5. Matters to be disclosed by the employer

1. The employer's production and business operations;

2. The employer's labor regulations, pay scale, payroll, labor productivity norms, internal regulations, regulations, and other documents related to the rights, obligations, and responsibilities of employees;

3. Collective labor agreements to which the employer is a party (enterprise-level agreements, industry-level agreements, multi-enterprise agreements);

4. The establishment and use of reward funds, welfare funds, and funds contributed by employees (if any);

5. The employer's contributions to trade union funds, social insurance, health insurance, and unemployment insurance;

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7. Other information as prescribed by law.

Article 6. Forms of disclosure

1. Public posting at the workplace;

2. Announcement at meetings, dialogues, and employee conferences;

3. Written notification to the trade union executive board for dissemination to union members and employees;

4. Notification through the internal information system;

5. Posting on the company's internal information website;

6. Other forms not prohibited by law.

Article 7. Matters on which employees may express opinions

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2. The development, amendment, and supplementation of wage scales, payrolls, and labor productivity norms; proposing collective bargaining issues;

3. Proposing and implementing solutions to reduce costs, improve labor productivity, enhance working conditions, protect the environment, and prevent fires and explosions;

4. Other matters related to the rights, obligations, and interests of employees as prescribed by law.

Article 8. Forms of collecting opinions

1. Collecting opinions directly from employees;

2. Collecting opinions through trade union executive board;

3. Collecting opinions at employee conferences; dialogues at the workplace;

4. Distributing questionnaires or sending draft documents for employee’s comments;

5. Other forms not prohibited by law.

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1. The conclusion, amendment, supplementation, and termination of labor contracts in accordance with the law;

2. Joining or not joining a trade union;

3. Participating in or not participating in a strike in accordance with the law;

4. Voting on the content of a collective bargaining agreement that has been reached for the purpose of signing the collective labor agreement in accordance with the law;

5. Other matters as prescribed by law or as agreed upon by the parties;

6. The forms of employee decision-making shall be in accordance with the law.

Article 10. Matters on which employees may oversee and monitoring, forms of employee oversight and monitoring

1. Implementation of the labor contract and the collective bargaining agreement;

2. Implementation of labor regulations, rules and other documents of the employer related to the rights, obligations and interests of the employee; implementation of the resolution of the employee conference by the employer.

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4. The employer's contributions to trade union funds, social insurance, health insurance, and unemployment insurance;

5. The implementation of emulation movements, rewards, discipline, resolution of complaints and denunciations related to the rights, obligations, and interests of employees;

6. The forms of employee oversight and monitoring shall be conducted in accordance with the law (through the inspection and supervision of the trade union, annual employee conferences, public and democratic processes, workplace dialogues, etc.);

7. Employees have the right to supervise the matters specified in Clause 6 of this Article (except for information that constitutes a trade secret or business secret as stipulated in the Company's Labor Regulations).

Section 2

HOLDING EMPLOYEE CONFERENCES

Article 11. Holding employee conferences

1. The employee conference shall be held annually by the employer and the trade union executive board to summarize, evaluate, and publicize the results of production and business activities, trade union activities, share and exchange information, and exercise the democratic rights of employees and the employer in the Company.

2. Time, form, and scale of conference

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b) Form and scale of conference:  The conference may be held in person, online, or as a combination of in-person and online meetings, and may be a plenary conference or a delegate conference (depending on the scale, characteristics of production, business, and the organization of labor working at the enterprise, the employer and the trade union executive board shall jointly decide on the appropriate form and scale of the conference).

3. Participants:

a) For plenary conference:  All employees in the Company.

b) For delegate conference: The employer agrees with trade union executive board to allocate the appropriate and equal number and structure to the departments.  Based on the allocated number, the trade union groups coordinate with the professional officer to select and nominate representatives of their employees to attend the employee conference at the enterprise and higher levels.

c) Ex-officio delegates include:  The Board of Directors; the Executive Board; the Board of Supervisors; the Chief Accountant; the Head of Human Resources; the trade union executive board; representatives of the Party committee, representatives of socio-political organizations (if any); the people's inspection board (if any); and representatives of the higher-level trade union executive board (in the absence of a trade union at the workplace).

4. Conference content

The conference shall focus on reporting and discussing the following:

a) The employer's production and business operations;

b) The implementation of labor contracts, collective bargaining agreements, internal regulations, regulations, and other commitments and agreements at the workplace;

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d) Proposals (requests) of employees and the trade union to the employer;

dd) Proposals (requests) of the employer to employees and the trade union;

e) Other matters of mutual interest.

5. Conference preparation

a) Fifteen days prior to the scheduled employee conference, the Company Director shall preside over a preparatory meeting.  Attendees of this meeting shall include the Director, the Chairperson of the Trade Union, and representatives of relevant departments.

b) The preparatory meeting shall finalize the plan, content, time, and location of the conference; the number and composition of delegates (if it is a delegate conference); and shall assign specific tasks to members.

c) Assignment of responsibilities

- The employer shall prepare: report on the company's production and business situation, the implementation of labor contracts, collective bargaining agreements, company regulations, working conditions, occupational safety and health, the resolution of employee proposals and suggestions, and the implementation of the previous employee conference resolutions.

- The trade union executive board shall prepare: A report summarizing the emulation movement, trade union activities, the compilation of employee proposals and suggestions, and efforts to protect the legitimate rights and interests of union members and employees.

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6. Conference agenda

The employee conference of the Company shall be held only if at least 70% of the total number of invited delegates attend. The conference shall proceed as follows:

a) Election of the presiding panel and appointment of secretary of the conference (by a show of hands).

b) Adoption of the conference agenda.

c) Representatives of the parties shall present reports as specified in Clause 5(c) of this Article.  

dd) Delegates shall discuss, make proposals, and suggestions.

d) The employer shall answer questions and discuss solutions to ensure employment, income, and improvement of the material and spiritual life of employees; to improve the efficiency of the business; and to improve working conditions…

e) Speeches of leaders (if any).

g) Signing, amending, or supplementing the collective bargaining agreement (if any).

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i) Election of the People's Inspection Board for state-owned enterprises (if any).

j) Awarding, launching emulation movements, and signing emulation commitments (if any).

k) Adoption of the conference resolution.

7. Dissemination, implementation, and monitoring of the conference resolution.

a) The employer shall cooperate with the trade union executive board to disseminate the content of the conference resolution to all employees of the Company.

b) The trade union executive board shall be responsible for inspecting and monitoring the employer's implementation of the conference resolution.

c) Every six months, the employer shall cooperate with the trade union to evaluate the implementation of the conference resolution, as well as the implementation of employee proposals and suggestions.

Section 3

HOLDING DIALOGUES AT THE WORKPLACE

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Workplace dialogue refers to the sharing of information, consultation, discussion, and exchange of opinions between the employer and employees or the trade union executive board on matters related to the rights, interests, and concerns of the parties in the workplace, aiming to enhance mutual understanding, cooperation, and joint efforts towards mutually beneficial solutions.

Article 13. Principles of workplace dialogue

1. Good faith, cooperation, honesty, equality, transparency, and transparency;

2. Respect for the legitimate rights and interests of employees, employers and other relevant organizations and individuals;

3. The workplace dialogue shall not violate any laws or social ethics.

4. The outcomes of the dialogue shall be publicly announced in a timely manner to all employees of the company.

Article 14. Holding periodic dialogues

1. The employer shall cooperate with the trade union executive board to hold periodic workplace dialogues.

a) The number and composition of participants from each party shall be as follows:

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- Employees' side: The Chairperson, Vice Chairperson, members of the trade union executive board, and employee representatives from certain departments (in accordance with Clause 2(a), Article 38 of Decree No. 145/2020/ND-CP).

- Secretary:  To be jointly appointed by the employer and the trade union executive board. The secretary of the dialogue meeting shall not be a member of either party's delegation.  The secretary shall be responsible for preparing documents and recording the content of the dialogue accurately and fully in the minutes.

The employer shall be responsible for preparing the necessary material conditions and arranging a venue for the dialogue.

b) Frequency of dialogues: At least once a year.

c) Time of dialogue:

In the first quarter of each year. In case of unforeseen circumstances (force majeure) requiring a change in the dialogue schedule, the employer and the trade union shall agree to postpone (change the time of the dialogue), but the dialogue must be held within 15 working days of the originally scheduled date.

d) Location:  At the Company.

dd) Content of the dialogue:

dd1) Mandatory content as prescribed in Clause 2(c), Article 63 of the Labor Code.

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dd2.1) The employer's production and business operations;

dd2.1) The implementation of labor contracts, collective bargaining agreements, internal regulations, regulations, and other commitments and agreements at the workplace;

dd2.2) Working conditions;

dd2.3) Requests of employees and the employee representative organization to the employer;

dd2.4) Requests of the employer to employees and the employee representative organization;

dd2.5) Other matters of interest to one or both parties.

e) Responsibilities of the parties:

The employer shall be responsible for:

e.1) Appointing representatives of the employer to participate in the workplace dialogue as required;

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e.3) Reporting on the implementation of the dialogue and democracy regulations to the labor management authority when requested.

The trade union executive board is responsible for:

e.1) Appointing representatives to participate in the workplace dialogue as required;

e.2) Expressing opinions to the employer on the content of the democracy regulations;

e.3) Collecting opinions from employees, compile them, and prepare proposals for the dialogue;

e.4) Participating in the dialogue with the employer as prescribed in Clause 2, Article 63 of the Labor Code and these regulations.

g) Method of holding dialogue:

Preparation

At least 5 working days prior to the dialogue, the trade union shall submit the dialogue topics to the employer, and vice versa (the dialogue topics shall be based on the results of collecting opinions and proposals from employees and the company's production and business situation; the opinion-collecting process can be conducted through trade union meetings and union group leaders or by directly collecting opinions from employees in production and business departments, depending on the specific circumstances and the number of employees at the establishment).

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The employer and the Chairperson of the trade union shall assign members of each party participating in the dialogue to prepare the relevant content and documents for the dialogue.

Holding the dialogue

The periodic workplace dialogue shall be conducted with the attendance of at least 70% or more of the representative members from each party. In case the dialogue meeting does not have at least 70% of the representative members from each party, the employer shall decide to postpone the dialogue to a later time, and the parties shall hold the dialogue at a time agreed upon by both parties (depending on the production and business situation and the actual conditions of the company).

Dialogue agenda

- The legal representative of the Company or the person authorized in writing and the Chairman of the trade union co-chair, appoint a secretary to record the minutes of the dialogue.

- Declare the purpose and introduce delegates.

- Approve the report on the results of the implementation of the previous dialogue topics.

- Representatives of each party present the proposed dialogue topics.

- The employer and the Chairman of the trade union conduct the discussion, answer and agree on each dialogue topics of each party.

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- Approve the minutes of the dialogue. The dialogue minutes shall reflect the following main contents:

+ Matters agreed upon by both parties during the dialogue, which shall be publicly announced to employees and implemented.

+ Matters not agreed upon by both parties during the dialogue, which shall be further proposed in the next dialogue.

+ Any emerging issues (if any) beyond the agreed-upon or not-agreed upon dialogue topics.

During the dialogue process, the dialogue participants are responsible for analyzing, explaining, criticizing, providing information, data, documents, exchanging, discussing in a constructive, united, democratic, open, transparent, and respectful manner.

End of dialogue

- Representatives from both parties shall sign the minutes to confirm the content.

- Four copies of the minutes of the periodic workplace dialogue shall be made: one copy for each participating party, one copy for posting within the company, and one copy for the company's office.

- The results of the dialogue shall be publicized to all employees and implemented.

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The procedures shall be in accordance with Article 40 of Government Decree No. 145/2020/ND-CP.

Article 16. Holding dialogue in case of incidents

The procedures shall be in accordance with Article 41 of Government Decree No. 145/2020/ND-CP.

Chapter IV

IMPLEMENTATION

Article 17. Responsibility for implementation

1. Pursuant to the Labor Code 2019 ; the Law on Exercise of Grassroots Democracy 2022; Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on elaboration of and guidelines for the Labor Code on working conditions and labor relations and these Regulations, all departments, units, and all union members and employees of the Company shall strictly comply with, enhance their sense of responsibility, and exercise their democratic rights in the workplace, contributing to the protection of their legitimate rights and interests and building harmonious, stable, and progressive labor relations within the enterprise.

2. Heads of all departments and units of the Company shall coordinate with the trade union executive board to disseminate the content of these Regulations to all union members and employees of the Company.  Difficulties that arise during the implementation of this Circular should be reported to the Board of Directors and the trade union executive board for consideration./.

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DIRECTOR
(signature, seal)

Form No. 06

Name of agency ……………………..

OFFICER CONFERENCE IN…[YEAR]
[Location]……….…, [date]…………..

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Enterprise’s name ……………
EMPLOYEE CONFERENCE IN…..[YEAR]
[Location]……….…, [date]…………..

Notes: The year in which the conference is held should be recorded in the conference background of that year. For example, if the conference is held in 2024, it should be recorded as “Employee conference 2024”. If the conference is held in 2025, it should be recorded as “Officer conference 2025” .

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