Speaking to reporters, Mr. Le Dinh Quang - Deputy Head of the Department of Legal Policy and Labor Relations (Vietnam General Confederation of Labor) - said that the 2012 Trade Union Law stipulates that trade unions have the right to "participate and coordinate" with competent State agencies for inspection, examination and supervision.
practical implementation shows that this regulation does not fully demonstrate the role and rights of trade unions in supervision activities; does not fully reflect the implementation of social supervision by trade unions.
In the Vietnamese legal system, in addition to the provisions of Articles 9 and 10 of the 2013 Constitution, there are 7 Laws specifically regulating the supervisory rights of trade union organizations; next, there are other specialized laws. In particular, the Law on the Fatherland Front stipulates that political and social organizations preside over supervision of content related to the legitimate and legal rights and interests of union members and members, the rights and responsibilities of their organizations according to the proposal of the Vietnam Fatherland Front Committee and the provisions of law.
Clause 4, Article 88 of the Law on Implementing Democracy at the Grassroots Level stipulates the rights and responsibilities of Vietnam Trade Unions at all levels: "Conduct supervision and social criticism of the implementation of the Party's guidelines and policies, the State's policies and laws directly related to the legitimate rights and interests, and the implementation of democracy at the grassroots level of union members".
In addition, Decision 217-QD/TW dated December 12, 2013 of the Politburo on promulgating regulations on supervision and social criticism of the Vietnam Fatherland Front and socio-political organizations stipulates that socio-political organizations are "Taken in charge of supervising the implementation of the Party's guidelines and policies, and the State's policies and laws".
Mr. Le Dinh Quang said that in that spirit, the 2024 Trade Union Law has specifically stipulated an article (Article 16) on Trade Union supervision, which clearly states that "Trade Union supervision includes activities of participating in supervision with competent State agencies and activities of presiding over supervision". At the same time, specifically stipulate the principles, content, form, scope, rights and responsibilities of the Trade Union when performing the supervision activities.
To be consistent with the Party's regulations, relevant laws and in line with the reality of trade union activities in the new situation, the Trade Union Law 2024 has stipulated a new article on social criticism of trade unions (Article 17). Accordingly, the Trade Union has the right and responsibility to participate in giving opinions and social criticism on draft legal documents, planning, plans, programs, projects and proposals of State agencies directly related to the rights and interests of union members and workers; the Trade Union is responsible for proposing the content and implementing social criticism according to the provisions of the Law on the Vietnam Fatherland Front and other relevant legal provisions.
The 2024 Trade Union Law consists of 6 Chapters and 37 Articles (an increase of 4 Articles compared to the 2012 Trade Union Law), effective from July 1, 2025.
