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NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom – Happiness
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No.
40-LCT/HDNN8
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Hanoi,
June 30, 1990
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LAW
ON
THE TRADE UNIONS
In order to develop the role of
the trade unions in the socialist revolution and to ensure the workers’
democratic rights and interests.
Based on articles 10, 32, 83, 86 and 106 of the Constitution of the Socialist
Republic of Vietnam.
This law provides for the functions, rights and responsibilities of the
trade unions.
Chapter I
GENERAL PROVISIONS
Article 1.
1 - The trade unions constitute
a great socio-political organization of the Vietnamese working-class and
labouring people (generally called workers). They are founded by the workers on
the voluntary basis and placed under the leadership of the Communist Party of
Vietnam, they also constitute a component part of the political system of the
Vietnamese society, a school of socialism for the workers.
2 - The Vietnamese workers
operating in business and production establishments belonging to all economic
sectors, in enterprises functioning with foreign capital investment in
non-productive units, state organs, social organizations (generally called
organs, units, organizations) are entitled to step up and participate in the
trade union In accordance with the Rules of the Vietnamese Trade Unions.
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When founded, each trade union
organization must inform the administrative organ and the organization
concerned of its coming into being for the purpose establishing with the latter
necessary working relations.
Any act of hindrance to and
violation of the principle of voluntariness in joining the trade union
organization and its activities, of discrimination against the workers for the
reason of their participation in the trade unions is strictly forbidden.
3 - Trade unions from the
primary level upward enjoy the right of a legal person.
4 - The Vietnam General
Confederation of Labour has the right to adhere to any international trade
union organizations in keeping with the objectives of its activities.
Article 2
1 - The trade unions represent
and defend the workers' legitimate and legal rights and interests; they are
bound to join forces with the State in developing production, solving the
question of employment and improving the material and spiritual life of the
workers.
2 - The trade unions represent
the workers and organise them to participate in the management of organs,
units, organizations, in the socio-economic and state management, within the
scope of their functions, the trade unions implement their right to supervise
and control the activities of the organs, units, organizations In keeping with
the law.
3 - The trade unions are
responsible for organizing, educating and encouraging the workers to bring into
full play their role of mastery of the country, carry out their civil
obligations, build and defend the socialist fatherland of Vietnam.
Article 3
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The State organs, the heads of
units, organizations must respect the right of independence and others provided
for in this law.
2 - The State organs, the heads
of units, organizations and the trade unions must strengthen their cooperative
relation in all their activities in order to build their respective organs,
units and organizations, build the country and care for the workers’ interests.
When there are divergences in their views and ideas on any problem, they should
hold talk, dialogue and consultation in order In find out proper measures for
settlement of their difference in keeping with the law. The Stale organs, the
heads of units, organizations are bound to create necessary conditions for the
trade unions to carry out their activities.
3 - With the agreement of the
Vietnam General Confederation of Labour, the Council of Ministers concretely
defines by regulations the relations of activity between the State organs, the
heads of units, organizations and the trade unions at all levels.
Chapter II
TRADE UNIONS’ RIGHTS AND RESPONSIBILITIES
Article 4
1 - The trade unions represent
the workers and organize them to participate, together with the State, in the
elaboration and implementation of socio-economic development programs,
policies, economic management mechanism and other lines and policies related to
the workers’ rights, obligations and interests.
The President of the Vietnam
General Confederation of Labour is entitled to participate in meetings held by
the Council of Ministers; Presidents of trade unions at different levels are
entitled to take part in conferences held by the State organs, the units and
organizations concerned when deliberating on the questions in connection with
the rights, obligations and interests of workers.
2 - The trade unions are held
responsible for carrying out propaganda for the Constitution and laws, for
educating the working people to consciously abide by and protecting the laws in
force, actively build socialism and defend the Fatherland, care for public
property, work with discipline, productivity, quality and effectiveness.
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4 - The trade unions must join
forces with the offices, organizations, state-owned economic units,
non-productive administrative organs and cooperatives in organising socialist
emulation movements, and in bringing into full play the workers’ capabilities
for the implementation o socio-economic objectives.
Article 5
1 - Within the scope of problems
directly related to the workers’ rights, obligations and interests, the Vietnam
General Confederation of Labour has the right to submit draft bills and laws to
the National Assembly and the State Council.
2- Trade unions are bound to
join State organs in drafting laws, elaborating policies, working out
appropriate regimes for labour, wage, labour protection and other social
policies directly related to the workers’ rights, obligations and interests.
3 - Trade unions are held
responsible for supervising, speeding up and controlling the implementation of
policies and regimes on law.
Article 6
1 - Trade unions must cooperate
with State organs in making researches into sciences and technique for labour
protection and in applying the achievements obtained to practical work, in
elaborating norms and rules for labour security and industrial hygiene.
2 - Trade unions are responsible
for educating and mobilizing the workers to strictly implement the stipulations
on labour and environmental protection.
3 - Trade unions must control
the execution of the law on labour protection - when discovering on the
workplaces any dangerous signs which may be detrimental to the life of workers,
the trade union has the right to request the responsible man to put into action
appropriate measures for ensuring labour security, including the case of
temporarily suspending the operation if need be.
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Article 7
The trade unions should join
forces with the offices, units and organizations concerned in solving the
problem of unemployment, organizing vocational training courses and raising the
professional, cultural, scientific and technological levels of workers.
Article 8
1 - Trade unions participate in
elaborating social policies and, together with state organs, manage social
insurance according to the stipulations of the law.
2 - Trade unions are
responsible, together with offices, units and organizations concerned for
taking care of the cultural life, sports and physical culture of workers and
for organizing recreational and tourist activities for the latter.
3 - The primary trade unions
must cooperate with the offices, units and organizations concerned in managing
and using the collective welfare fund in the interest of the workers.
Article 9
1 - Within the scope of their
functions, the trade unions supervise and control the implementation of the
laws on labour contract, recruitment, dismissal, wage, bonus, labour
protection, social insurance and of policies related to the workers’ rights,
obligations and interests.
2 - When making control, the
trade unions may request the heads of offices, units, organizations to answer
to their questions, recommend the latter to take measures for correcting the
shortcomings and defects, preventing the breaking of the rule and law and
inflicting due punishment to law-breakers.
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Article 10
The trade unions, in their
capacity as representatives of workers, are entitled to ask the heads of
offices, units, organizations to organize receptions of workers In which they
should answer the questions posed by them.
When necessary, the trade unions
may organize dialogues between the workers’ collective and the head of office,
unit, organization concerned for the purpose of solving the problems related to
the workers’ rights, obligations and Interests.
Article 11
1 - The primary trade unions
representing the working people, sign labour agreements with the managing
directors of enterprises belonging to whatever economic components and
supervise the signing and implementation of labour contracts.
2 - Trade unions act together
with State organs in order to bring about proper solutions to the complaints
and denunciations made by the workers in keeping with the law.
3 - The trade unions represent
the workers in the negotiations with the heads of offices, units, organizations
in order to find solutions to labour disputes and litigations occurring in
their respective offices, units, organizations.
When the competent organ or the
court considers and passes a verdict on the labour dispute or litigation, there
must be the presence of the trade union representative who would give his or
her opinions and suggestions on the case.
4 - Any worker, though being not
yet trade union member, is entitled to ask the trade union committee to
represent him or her and take the defence of his or her legitimate interests
before the Court, the head of the office, unit or organization concerned.
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1 - The state organs and heads
of offices, units, organizations should discuss with the trade unions at the
corresponding level before taking decisions on problems directly related to the
workers’ rights, obligations and interests.
2 - Before deciding upon the
problems on wage, bonus, housing distribution, disciplinary measure against any
worker to the extent of his or her dismissal or on the cancellation of the
labour contract ahead of the scheduled time, the managing director of the
state-owned enterprise, the head of office, unit, organization must discuss
with the trade union committee at the corresponding level in order to reach
unanimity of views with the latter.
In case no unanimity of view can
be reached between the two parties on problems stipulated in this law, both
parties must report it to the competent organ for settlement. Within a 30-day
time limit since the reception of the report, the competent organ is bound to
give the answer.
The Council of Ministers and the
Vietnam General Confederation of Labour shall define concretely by regulations
the order, and procedure for the settlement of the cases not reaching unanimity
between the trade unions and the heads of offices, units, organizations.
The problems concerning labour
disputes are to be settled by legal procedure and in keeping with the law on
labour disputes and litigations.
3 - The problems Iying within
the sphere of deliberation by way of consensus between the Vietnam General
Confederation of Labour and the Council of Ministers must be settled according
to the statute of coordinated action between two parties.
Article 13
Basing themselves on the
provisions in this law, the Council of Ministers, in cooperation with the
Vietnam General Confederation of Labour, defines concretely the rights and
responsibilities of the primary trade unions in conformity with the
characteristic features of every category of offices, units, organizations and
with those of the enterprises and cooperatives belonging to different economic
components.
Chapter III
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Article 14
Heads of offices, units and
organizations are bound to create proper working condition and to provide
necessary information for the trade unions to carry out their functions, rights
and responsibilities.
With the agreement of the
Vietnam General Confederation of Labour, the Council of Ministers will define
by concrete regulations these matters.
Article 15
1 - The heads of offices, units,
organizations must create favourable conditions for the workers to fulfil their
assignments when they are elected to the Executive Committee of the trade union
or they are assigned by the trade union to do any task.
2 - Part-time trade union
officials are entitled to have some definite time reserved for them during
working-hours for doing their trade union work. The Council of Ministers and
the Vietnam General Confederation of Labour shall define concretely the time
and conditions of activity of part-time trade union officials.
3 - The Vietnam General
Confederation of Labour shall determine the number of full-time trade union
officials.
The salaries of full-time trade
union officials are determined by the Vietnam General Confederation of Labour
in accordance with the general policy and borne by the trade union funds.
4 - Any decision of dismissing a
worker, ceasing a labour contract before the time-limit, or transferring to
other work a member of the trade union committee must secure the agreement of
the trade union committee at the corresponding level. With regard to the
transfer to another work of the president of the trade union committee, there
must be a consent from the trade union at the directly higher level.
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1 - The trade unions carry out
self-governing management in finance in keeping with the law and the
regulations of the Vietnam General Confederation of Labour.
2 - The source of receipts to
the trade union funds comprise:
a. Membership dues, incomes from
cultural, sport, tourist activities and business undertakings of the trade
unions and from the financial support and assistance of international organizations
and foreign trade unions.
b. Allocations granted by the
State budget; sums of money deducted from the funds of offices, units and
organizations and transferred into the trade union funds in keeping with the
regulations defined by the Council of Ministers.
Article 17
The trade unions’ property is a
socialist one, it enjoys the protection of the law and is encouraged to be
further expanded. It must be managed and used in keeping with the law.
Real estate, movables, trade
union funds, means of activity and other property created by the trade unions
or aided by foreign countries to them are the property belonging to the trade
unions’ ownership.
Chapter IV
FINAL PROVISIONS
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Any breakers of the stipulations
of this law shall be inflicted disciplinary measures or administrative
punishments or prosecuted for penal offence according to the degree of their
penalties.
Article 19
This law substitutes for the law
on the Trade Unions enacted on November 5th 1957.
All the former provisions
contrary to this law are abrogated.
This law has been adopted by the
7th Session of the General Assembly of the Socialist Republic of Vietnam (8th
legislature) on June 30, 1990.
SPEAKER
OF THE NATIONAL ASSEMBLY
Le Quang Dao