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Law On Trade Unions

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					    Legal document: LCD

    * */Date:/* 07/07/90
    * */Number:/*LCD
    * */Name of Document:/* Law On Trade Unions


NATIONAL ASSEMBLY         SOCIALIST REPUBLIC OF VIETNAM
                                               Independence-Freedom-Happiness

                                                                       Hanoi, 7
July 1990.


                              LAW ON TRADE UNIONS


In order to develop the law relating to trade unions in the socialist
revolution, and to ensure the democratic rights and benefits of
workers;

Pursuant to articles 10, 32, 83, 86 and 106 of the Constitution of the
Socialist Republic of Vietnam;

This law makes provisions in relation to the functions, powers and
obligations of a trade union.


CHAPTER I
GENERAL PROVISIONS

Article 1

1.A trade union is a large political and social organization of the
working class voluntarily established under the leadership of the
Vietnamese Communist Party. It represents Vietnamese workers
(workers), is part of the political system of Vietnam and brings the
benefits of socialism to workers.

2.Vietnamese workers employed in the business and production units of
economic sectors, enterprises with foreign owned capital, other work
units, State bodies and social organizations, (referred to as bodies,
units, and organizations) are all entitled, within the framework of
the trade union laws of Vietnam, to establish and join trade unions.

Any union established by workers in accordance with the provisions of
the law shall be entitled to join a trade union federation.

When a trade union is established it shall inform the government body
or organization concerned in order that official relations may be
established.Obstruction and violation of the principles of voluntary
recruitment to the organization and operation of a trade union and
discriminatory treatment of workers who join and participate in a
trade union are prohibited.

3.Each trade union from the local level upwards shall have the status
of a legal entity.

The General Federation of Labour of Vietnam and Vietnamese trade union
associations are entitled to join international trade union
organizations which have like objectives.

Article 2

1.Each trade union shall represent and protect the rights and
legitimate interests of the workers. It shall be responsible for
liaising with the State in order to increase production, create jobs,
and improve the standard of living of workers.

2.Each trade union shall represent and organize workers by
participating in the economic and social management of bodies, units,
organizations, and the State. A trade union shall, within the limits
of its function, exercise its power to control the activities of
bodies, units and organizations in accordance with the provisions of
the law.

3.Each trade union shall organize, educate and encourage workers to
become masters of their country, perform the duties of citizens, and
build and protect the socialism of the fatherland of Vietnam.

Article 3

1.Each union shall, in carrying out its activities, abide by the
Constitution and the law.

State bodies and the heads of units and organizations shall observe
the rights of unions as independent entities and all other rights
provided in this Law.

2.State bodies, and the heads of units, organizations, and unions
shall together strengthen co-operation and relations in all activities
with the aim of strengthening those bodies, units, and organizations
in order to build the nation and to take care of the interests of its
workers. Where different opinions exist they shall be discussed and
be the subject of negotiations in order that they may be resolved in
accordance with the law. State bodies and heads of units and
organizations shall be responsible for the creation of conditions
necessary for the activities of unions.

3.The Council of Ministers shall, with the agreement of the General
Federation of Labour of Vietnam, make specific provisions regulating
relations and operations at all levels between State bodies and head
of units, organizations and unions.


CHAPTER II
RIGHTS AND OBLIGATIONS OF TRADE UNIONS

Article 4

1.Each union shall represent and organize the State's workers in order
to establish and carry out economic and social development programs,
policy, economic management and objectives, and policy concerning the
rights, obligations, and interests of workers.

The President of the General Federation of Labour of Vietnam shall be
entitled to attend the meetings of the Council of Ministers.
Presidents of unions at all levels shall be entitled to attend the
meetings of State bodies, units, and organizations concerned when the
matters being discussed at those meetings relate to the rights,
obligations, and interests of workers.

2.Each union shall promote the Constitution and laws, educate workers
to follow and uphold the law, participate in the building of
socialism, protect the fatherland, protect socialist property, and
work with discipline, productivity, quality, and efficiency.

3.Unions at local levels shall, with bodies, units, and organizations
ensure that their right to take charge of a labour association is
carried out in accordance with provisions of the law.

4.Each union shall, with bodies, organizations, State run economic
units, work units, and co-operatives organize a movement of
competition within socialism in order to develop the potential of all
workers and to achieve economic and social objectives.

Article 5

1.The General Federation of Labour of Vietnam shall be entitled to
submit draft laws and ordinances to the Legislative Assembly and the
State Council in relation to any matters which directly concern the
rights, obligations, and interests of workers.

2.Each union shall co-operate with State bodies in order to develop
laws, policies, and regimes in relation to labour, wages, labour
protection, and other social policies which relate directly to the
rights, obligations, and interests of workers.

3.Each union shall be responsible for encouraging and inspecting the
implementation of labour policy and regimes.

Article 6

1.Each trade union shall co-operate with State bodies in researching
scientific applications and labour protection techniques and in
devising standard, and regulations for labour protection and
industrial hygiene.

2.Each trade union shall educate workers to observe, strictly,
provisions on labour and protection of the environment.

3.Each trade union shall monitor the observance of labour protection
laws. In the event that any sign of danger which might threaten the
life of a worker is discovered within a workplace, the trade union
shall be entitled to request that the person responsible carry out
immediately all measures necessary in order to ensure occupational
safety, including where required, the suspension of operations.

4.Trade union representatives shall participate in the investigation
of labour accidents. A trade union shall be entitled to request that
State bodies or courts prosecute persons responsible for labour
accidents in accordance with the provisions of the law.

Article 7

Each trade union shall connect with the bodies, units, and
organizations concerned in order to create employment, organize
training, and improve the professional standards, culture, and science
and technology skills of workers.

Article 8

1.Each trade union shall participate in the formation of social
policies and connect with the State body responsible for management of
social insurance in accordance with the provisions of the law.

2.Each trade union shall, with the bodies, units, and organizations
concerned, be responsible for organizing and taking care of the
cultural life, sporting activities, recreation, and tourist activities
of workers.

3.Each trade union at a local level shall, for the benefit of the
workers, co-operate with the bodies, units, and organizations
concerned in the management and use of the collective welfare fund.

Article 9

1.Each trade union shall, within its function, monitor the observance
of the laws on labour contracts, employment, retrenchment, wages,
bonuses, labour protection, social insurance and policies in relation
to the rights, obligations and interests of workers.

2.Each trade union shall request that the heads of bodies, units, and
organizations reply to all its questions and shall recommend measures
to rectify deficiencies in the law, prevent offenses being committed
against the law, and deal with offenders.

3.Heads of bodies, units, and organizations shall reply to the trade
union resolution within the time limits provided by the law. Reasons
must be given in relation to any matters which remain outstanding.

Article 10

1.Each trade union shall, as the representative of the workers,
request that the head of any bodies, units, and organizations
concerned meet and answer all questions raised by the workers.

2.Where necessary, the trade union shall organize a discussion to be
held between the workers and the head of the body, unit or
organization concerned in order that any matters relating to the
rights, obligations, and interests of the workers may be resolved.

Article 11

1.Trade unions at local levels shall represent workers in signing
collective labour agreements with directors of enterprises belonging
to economic sectors and shall control the signing and performance of
labour contracts.

2.Trade unions shall, with State bodies, resolve the complaints and
accusations made by workers in accordance with the law.

3.Trade unions shall represent workers in negotiations with the heads
of bodies, units, and organizations in order to resolve labour
disputes within those bodies, units, and organizations. A
representative of the trade union shall attend and state his opinion
at the hearing of labour disputes by an authorized organization or
court.

4.A worker who is not a member of the trade union shall have the right
to request that the executive committee of the trade union represent
and protect his rights and legitimate interests before a court, or the
head of the body, unit or organization concerned.

Article 12

1.State bodies, heads of units and organizations shall have
discussions with their counterpart trade union before making any
decisions in relation to the rights, obligations, and interests of
workers.

2.Before making any decisions in relation to salary, bonuses or
housing, or applying any disciplinary measures to force a worker to
resign or to terminate a labour contract prior to its expiry, the
director of a State run enterprise, or head of a State body or work
unit shall discuss and agree upon the matter with the executive
committee of the trade union.

In the event that both sides disagree on the matter concerned, they
shall refer it to an authorized body or organization for resolution in
the manner provided for in this article. Within thirty (30) days from
the date of receipt of such a reference, the body or organization
concerned shall reply.

The Council of Ministers and General Federation of Labour of Vietnam
shall make specific provisions on the process and procedures to be
adopted in resolving matters where unanimous agreement is not reached
between the trade union and the head of the body, unit or organization
concerned.

Labour disputes shall be resolved in accordance with the law on
resolution of labour disputes.

3.The matters for discussion and agreement between the General
Federation of Labour of Vietnam and the Council of Ministers shall be
decided in accordance with the rules pursuant to which their
activities are co-ordinated.

Article 13

The Council of Ministers shall, pursuant to the provisions of this Law
and with the General Federation of Labour of Vietnam, make specific
provisions on the rights and responsibilities of the trade unions at
local level. The provisions shall be consistent with the nature of
each type of body, unit, organization, enterprise and co-operative
which comprise the various economic sectors.


CHAPTER III
GUARANTEES OF TRADE UNION ACTIVITIES

Article 14

The heads of bodies, units, and organizations shall create favorable
conditions and provide information to the trade union necessary for
the performance of its functions, rights, and obligations.

The Council of Ministers shall, with the agreement of the General
Federation of Labour of Vietnam, make specific provisions on these
matters.

Article 15

1.Heads of bodies, units, and organizations shall create favorable
conditions for a worker to fulfill his responsibilities where he is
elected to the executive committee of, or is requested to perform
tasks by, a trade union.

2.Trade union officers who are not specially skilled for particular
tasks shall be allowed a fixed period of time during working hours to
perform their trade union duties. The Council of Ministers and
General Federation of Labour of Vietnam shall make specific provisions
as to the time and conditions for activities to be carried out by such
trade union officers.

3.The General Federation of Labour of Vietnam shall make regulations
on the number of officers required for administration of a trade
union.

The salary of trade union officers shall be stipulated, in accordance
with general policy, by the General Federation of Labour of Vietnam
and shall be paid out of trade union funds.

4.Any decision to dismiss, retrench or terminate the labour contract
before expiry or transfer the job of a member of the executive
committee of a trade union shall be agreed to by the executive
committee of the trade union at the same level. Decisions made in
relation to the chairman of the executive committee of a trade union
shall be agreed to directly by a trade union of a higher level.

Article 16

1.Each trade union shall carry out its financial management in
accordance with the law and provisions of the General Federation of
Labour of Vietnam.

2.The sources of trade union funds shall include:

(a)Membership fees contributed by trade union members, revenue earned
from cultural activities, sport, tourism, the business of the trade
union, and donations from international organizations and foreign
trade unions.

(b)Funds from the State Revenue and money received from the funds of
bodies, units, and organizations which have been transferred to the
trade union fund in accordance with the provisions of the Council of
Ministers.

Article 17

The assets of the trade union are socialist assets and shall be
protected, managed, used, and their development encouraged in
accordance with the law.

The property, chattels, trade union funds, facilities for operation,
and all assets created by the trade union or by donation from foreign
countries shall be assets owned by the trade union.


CHAPTER IV
FINAL PROVISIONS

Article 18

Any person who breaches any of the provisions of this Law shall be
disciplined by administrative punishment or be liable for criminal
prosecution depending on the seriousness of the offense.

Article 19

This law shall replace the Law on Trade Unions dated 5 November 1957.

All previous provisions which are inconsistent with this law are
hereby repealed.

This law was passed by Legislature VIII of the National Assembly of
the Socialist Republic of Vietnam at its 7th Session, on 30 June 1990.


For The National Assembly
President

LE QUANG DAO
(Signed)

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Description: This law is enacted to develop the law relating to trade unions in the socialist revolution, and to ensure the democratic rights and benefits of workers.