The 2012 Trade Union Law stipulates that only workers who work in agencies, organizations, and enterprises have the right to establish, join, and operate trade unions.
According to Mr. Le Dinh Quang - Deputy Head of the Department of Legal Policy and Labor Relations (Vietnam General Confederation of Labor), the 2024 Trade Union Law is amended in the direction of expanding to those who "work without labor relations" with the right to establish, join and operate trade unions by stipulating "Vietnamese workers have the right to establish, join and operate trade unions" in Clause 1, Article 5. At the same time, supplement and legalize the concept of "grassroots trade union" in Clause 3, Article 4. Accordingly, grassroots trade unions are grassroots organizations of the Vietnam Trade Union, gathering people who do not have labor relations, in the same industry, same profession or other specific workers.
Accordingly, grassroots trade unions are grassroots organizations of the Vietnam Trade Union, gathering people who do not have labor relations, in the same industry, same profession or other specific workers.
Thus, the law has expanded the scope of regulation to all employees without labor relations, compatible, and synchronous with the expansion of the scope of regulation of a number of newly issued laws such as the Labor Code, the Law on Social Insurance, the Law on Labor Safety and Hygiene... in line with the Party's direction on developing union members in the new situation with the motto "where there are workers, there are trade unions".
In addition, to meet the requirements of international integration, ensuring equality in trade union rights between Vietnamese and foreign workers, ensuring the consistency and unity of the legal system, Clause 2, Article 5 of the Trade Union Law 2024 stipulates: "Foreign workers working in Vietnam under labor contracts with a term of 12 months or more are allowed to join and operate trade unions at grassroots trade unions" (no right to establish). The law stipulates that "Union officials" must "be Vietnamese citizens" in Clause 5, Article 4 of the 2024 Trade Union Law.
Mr. Le Dinh Quang said that the joining and operation of trade unions by foreign workers will be specifically regulated in the Charter of the Vietnam Trade Union. When foreign workers join the Trade Union, they have the rights and responsibilities of union members, but are not nominated or confirmed to be union officials and only work at grassroots trade unions.
