Supplementing the Trade Union's right to supervision and social criticism
The Trade Union Law (amended) was passed, consisting of 6 chapters with 37 articles, an increase of 4 articles compared to the current law. The law takes effect from July 1, 2025.
The Law on Trade Unions (amended) continues to maintain the trade union fee at 2%. Along with that, amend and supplement regulations to clarify the principles of management and use of trade union finances; amend and supplement expenditure tasks of trade union finances; supplement regulations on the Vietnam General Confederation of Labor to decentralize the collection and distribution of trade union funds; the Vietnam General Confederation of Labor issues standards, norms, spending regimes and management and use of trade union finances after reaching agreement with the Government.
The Law supplements the right of trade unions to supervise and provide social criticism. The Law stipulates that Vietnamese workers working without labor relations in Vietnam have the right to establish, join and operate trade unions; supplements the right to join and operate trade unions at grassroots trade unions (without the right to establish and not become trade union officials) of foreign workers working in Vietnam; supplements the right to join the Vietnamese Trade Union of the workers' organization at the enterprise...
In addition, the law adds cases of exemption, reduction, and suspension of trade union fee payment, and the Government regulates these cases after reaching agreement with the Vietnam General Confederation of Labor; adds the responsibility of the Vietnam General Confederation of Labor to periodically report to the National Assembly every two years on the situation of revenue, expenditure, management, and use of trade union finances. At the same time, adds the responsibility of the State Audit, every two years, to audit the management and use of trade union finances and conduct ad hoc audits at the request of the National Assembly and the National Assembly Standing Committee.
Presenting a summary report on the reception, explanation and revision of the draft Law on Trade Unions (amended), Ms. Nguyen Thuy Anh, Chairwoman of the National Assembly's Social Committee, said that the exemption, reduction and suspension of trade union funds have a direct impact on the balance of trade union finances, ensuring necessary resources for the entire trade union system, and the distribution of funds of the Vietnam General Confederation of Labor.
Therefore, the National Assembly Standing Committee has directed to review and show consensus on the subjects exempted from, reduced from, and temporarily suspended from paying trade union fees, and added the provision "The Government agrees with the Vietnam General Confederation of Labor" when regulating the exemption, reduction, and temporary suspension of trade union fees.
Maintain union funds to better care for workers
Speaking to Lao Dong Newspaper reporters right after the Trade Union Law (amended) was passed, delegate Nguyen Hoang Bao Tran (Binh Duong Delegation) affirmed that the Trade Union Law (amended) maintaining a 2% trade union fund is an important basis for trade unions to have resources to care for, represent, and protect the legitimate and legal rights of union members and workers. This regulation is also consistent with Resolution 02-NQ/TW dated June 12, 2021 of the Politburo on innovation of the organization and operation of Vietnam Trade Unions in the new situation, which emphasizes: "Maintain existing resources; collect trade union funds and encourage the socialization of resources for trade unions to perform well their assigned tasks".
In addition, continuing to maintain the 2% union fee is a solid legal basis, convenient for the majority of enterprises to implement, especially foreign-invested enterprises, and meets the aspirations of union members and employees, creates social consensus, contributes to socio-economic development and effectively implements social security policies.
In addition, the regulation that trade unions have the right to proactively monitor helps trade unions not only perform their role at the request of employees or only when an incident occurs, but also proactively inspect and detect potential problems in the implementation of policies and laws related to employees at the unit or enterprise. Proactive monitoring will promptly detect, identify and promptly resolve violations of employees' rights, such as: unpaid wages, late payment of wages, improper payment of wages, unsafe working conditions or violations of labor contracts... This contributes to limiting labor disputes or prolonged conflicts.
This regulation also creates deterrence and promotes awareness and responsibility of businesses to comply with the law, including regulations on labor contracts, social insurance, labor safety, working time and rest... creating fairness for all parties, preventing discrimination and harassment, ensuring a safe working environment, aiming to build harmonious, stable and progressive labor relations...
Also discussing this content on November 27, delegate Vo Manh Son - Chairman of the Thanh Hoa Provincial Federation of Labor - said that the passing of the Trade Union Law (amended) was a great joy for trade unions nationwide, creating very good conditions for trade union activities. According to the delegate, the contents of the Trade Union Law (amended) have met the expectations of union members and workers.
“Union officials are also very happy that the regulation on 2% union funds is maintained. This is a very important condition for unions at all levels to organize well activities to care for workers,” the delegate shared.
The delegate added that the right to supervise is also an important content. Up to now, as a socio-political organization, the Trade Union has participated with other socio-political organizations to exercise the right to supervise. "When it is legalized like this, it is a favorable condition for the Trade Union to proactively organize supervisory activities, especially supervision of current labor laws in enterprises" - the delegate said.
