THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
96/2006/ND-CP
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Hanoi,
September 14, 2006
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DECREE
GUIDING THE
IMPLEMENTATION OF ARTICLE 153 OF THE LABOR CODE REGARDING PROVISIONAL TRADE
UNION EXECUTIVE BOARDS IN ENTERPRISES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 30, 1990 Trade Union Law;
Pursuant to Article 153 of the June 23, 1994 Labor Code, and the April 2, 2002
Law Amending and Supplementing a Number of Articles of the Labor Code;
After consulting the Vietnam Labor Confederation,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
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Article 2.- Subjects of
application
Trade union organizations and enterprises of all
economic sectors in which trade union organizations have not been set up.
Article 3.- Designation of
provisional trade union executive boards in enterprises
1. Within six months after newly established
enterprises commence operation, local trade unions or trade unions of branches
(including provincial/municipal Labor Federations under the Vietnam Labor
Confederation; trade unions of central branches and corporations trade unions
under the Vietnam Labor Confederation; Labor Federations of rural/urban
districts and provincial towns and cities, trade unions of local branches and
trade unions of export-processing zones, industrial parks and hi-tech parks;
corporations trade unions and immediate superior trade unions of other
establishments, etc., which shall hereinafter be referred to as superior trade
unions) shall establish grassroots trade union organizations according to the
provisions of the Labor Code, the Trade Union Law and the Vietnam Trade Union
Charter, which shall represent and protect lawful and legitimate rights and
interests of laborers and labor collectives.
2. At the expiration of the time limit specified
in Clause 1 of this Article, if enterprises cannot yet establish grassroots
trade union organizations, superior trade unions shall designate provisional
trade union executive boards to represent and protect lawful and legitimate
rights and interests of laborers and labor collectives in the enterprises.
3. The designated provisional trade union
executive boards in enterprises shall have the legal person status, their own
seals and accounts, as well as rights and responsibilities as provided for in
Article 5 of this Decree.
4. The operation duration and the prolongation
of the operation duration of provisional trade union executive boards shall
comply with the regulations of the Vietnam Labor Confederation.
Article 4.- Conditions,
competence and order of designating provisional trade union executive boards
1. In case enterprises have operated for six
months but not yet set up trade union organizations, provisional trade union
executive boards shall be designated therein.
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3. Superior trade unions shall mobilize laborers
in enterprises to join trade union organizations; issue decisions on admission
of trade union members and designate members for the provisional trade union
executive boards among the admitted trade union members.
Chapter II
RIGHTS AND RESPONSIBILITIES
OF PROVISIONAL TRADE UNION EXECUTIVE BOARDS IN ENTERPRISES
Article 5.- Powers and responsibilities
of provisional trade union executive boards
1. To represent and protect lawful and
legitimate rights and interests of laborers in enterprises according to the
provisions of law.
2. To disseminate the Trade Union Law, labor
law, regimes and policies related to laborers, as well as regulations and
internal rules of enterprises. To conduct propaganda about trade union
organizations, mobilize laborers to join trade union organizations, admit trade
union members, and propose the setting up of grassroots trade unions when all
prescribed conditions are met according to the provisions of the Vietnam Trade
Union Charter.
3. To join labor users in adopting measures to
develop production and enterprises; to ensure employment and take care of
material and spiritual benefits of laborers.
4. To effect revenues and expenditures and
manage the finance and property of trade unions strictly according to the
regulations of the State and the Vietnam Labor Confederation.
Article 6.- Members of
provisional trade union executive boards
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2. Chairmen of provisional trade union executive
boards or persons authorized by such chairmen may attend enterprises' meetings
and give their opinions on issues directly related to laborers' rights,
obligations and interests. They may also reserve their opinions if disagreeing
with labor users' decisions and propose superior trade unions and competent
agencies to settle the disagreement.
3. Where chairmen, vice chairmen or members of
provisional trade union executive boards are appointed by superior trade unions
to work on a full-time basis, they shall enjoy wages and allowances paid from
trade union funds, and other benefits like all laborers in enterprises
according to enterprises' regulations or collective accords; and shall be given
conditions for carrying out trade union activities as provided for in Article
155 of the Labor Code.
Chapter III
RESPONSIBILITIES OF STATE
AGENCIES, TRADE UNION ORGANIZATIONS AND LABOR USERS
Article 7.- Responsibilities of state
agencies
Administrations at various levels, state
management agencies in charge of labor and concerned branches shall create
conditions for the designation and operation of provisional trade union
executive boards strictly according to the provisions of law; regularly inspect
and urge the implementation of this Decree.
Article 8.-
Responsibilities of trade union organizations
1. Immediate superior trade unions shall direct
and guide the operation of provisional trade union executive boards.
2. To inspect and supervise enterprises in
assuring laborers' trade union rights and conditions for the operation of
provisional trade union executive boards according to the provisions of law.
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1. To collaborate with, and create favorable
conditions for, superior trade unions to develop trade union membership and
designate provisional trade-union executive boards in enterprises.
2. To ensure conditions as provided for by law
for the operation of provisional trade union executive boards. To coordinate
with provisional trade union executive boards in settling matters on labor
relations. To invite representatives of provisional trade union executive
boards to attend meetings concerning the rights, obligations, and lawful and
legitimate interests of laborers in enterprises.
3. To strictly prohibit all acts of obstructing
the operation of trade unions at enterprises.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 10.- Implementation effect
This Decree shall take effect 15 days after its
publication in "CONG BAO." The Vietnam Labor Confederation shall
guide the implementation of this Decree after consulting the Ministry of Labor,
War Invalids and Social Affairs and concerned ministries and branches.
Article 11.- Implementation
responsibilities
Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, presidents of provincial/municipal
People's Committees, trade unions at all levels, and concerned agencies,
organizations and enterprises shall have to implement this Decree.