Mr. Le Dinh Quang, Deputy Head of the Legal Policy Department (Vietnam General Confederation of Labor) said that the 2012 Trade Union Law stipulates that only workers "working in agencies, organizations, and enterprises" have the right to establish, join, and operate trade unions.
The Trade Union Law 2024 (effective from July 1, 2025) is amended to extend the right to establish, join and operate trade unions to those “working without labor relations” by stipulating that “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. Interpretation of terms. Accordingly, a grass-roots trade union is a basic organization of the Vietnam Trade Union, gathering people working without labor relations, in the same industry, same profession or other specific workers.
Mr. Le Dinh Quang said that the law has expanded its scope of regulation to include workers without labor relations, compatible and synchronized with the expansion of the scope of regulation of a number of newly promulgated laws such as the Labor Code, the Law on Social Insurance, the Law on Labor Safety and Hygiene, etc., in line with the Party's direction on developing trade union members in the new situation with the motto "where there are workers, there is a Trade Union".
In addition, to meet the requirements of international integration, ensure equality in trade union rights between Vietnamese and foreign workers, and ensure 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 a labor contract with a term of 12 months or more are allowed to join and participate in trade union activities at the grassroots trade union” (without the right to establish). At the same time, the Law stipulates that “Trade union officials” must “be Vietnamese citizens” (Clause 5, Article 4).
Thus, the Trade Union Law 2024 has stipulated the principled contents on the conditions and rights to join the Trade Union of foreign employees.
Accordingly, “foreign workers working in Vietnam” must ensure the conditions of “working under a fixed-term labor contract of 12 months or more” and only join and participate in trade union activities “at the grassroots trade union”.
Mr. Le Dinh Quang said that the joining and union activities of foreign workers will be specifically regulated in the Charter of the Vietnam Trade Union.
In addition, when foreign workers join the Union, they have the rights and responsibilities of union members, but are not allowed to run for election, accept nominations as union officials, and can only participate in union activities at the grassroots union.
