Fully grasp and explain in detail to complete the draft Law on Trade Unions (amended)

Foreign workers cannot become union officials

Presenting a report explaining, accepting and revising the draft Law on Trade Unions (amended), Chairwoman of the Social Committee Nguyen Thuy Anh said that, basically, the Draft Law on Trade Unions (amended) after acceptance and revisation, has ensured the timely institutionalization of Resolution No. 02-NQ/TW dated June 12, 2021 on "Innovation of organization and operation of Vietnam Trade Unions in the new situation" and a number of Party policies and resolutions on trade union organization and the working class; in accordance with the 2013 Constitution, ensuring the unity and synchronization of the current legal system.

The draft Law also ensures that the Vietnam Trade Union, a large political and social organization of the working class and laborers, attracts a large number of workers and laborers at enterprises to participate in the Vietnam Trade Union; Inheriting the contents that have affirmed the reasonableness, stability and effectiveness in the process of implementing the current Trade Union Law and amending a number of contents to meet the development requirements of the socialist-oriented market economy and international integration in our country.

Regarding the joining and operation of trade unions by foreign workers (Article 5), the Chairman of the Social Committee said that in Submission No. 07/TTr-TLD dated April 19, 2024, the Drafting Agency submitted to the National Assembly two options and chose option 1 to supplement the right to join and operate in the Vietnam Trade Union organization for foreign workers working in employers in Vietnam. The dossier submitted to the National Assembly at the 7th session has provided information on the legal experience of some countries in the world on this content.

Regulating the right to join and operate trade unions for foreign workers working in Vietnam will contribute to institutionalizing the Party's guidelines on innovating the organization and operation of Vietnam Trade Unions in the new situation; integrating into the international economy in the context of Vietnam participating in new-generation free trade agreements; meeting the requirements for implementing international commitments on labor and trade unions of Vietnam; ensuring the consistency and unity of the current legal system, especially the Labor Code.

Incorporating the opinions of many National Assembly deputies and the opinions of competent authorities, the National Assembly Standing Committee directed the revision of the draft Law in the direction of stipulating that "otherness workers who are foreign citizens working in Vietnam under labor contracts with a term of 12 months or more are entitled to join trade unions and work at grassroots trade unions"; adding the phrase "and ceasing to participate", expressed in the article name (the preamble "Regulations on establishment, joining, operating and ceasing to join trade unions") and Clause 4, Article 5. In addition, Clause 5, Article 4 of the draft Law stipulates that trade union officials are Vietnamese citizens, therefore, foreign workers cannot become trade union officials.

Regarding the joining of trade unions of labor organizations at enterprises, taking into account the opinions of National Assembly deputies, while the Government has not issued a Decree guiding the procedures for establishing or dissolving the organization of laborers at enterprises according to the provisions of the Labor Code, to minimize negative impacts, Article 6 of the draft Law is revised in the direction of stipulating strict conditions such as: adding regulations on joining documents, procedures for joining Vietnam Trade Union; stipulating responsibilities and legal consequences when joining Vietnam Trade Union and assigning the Vietnam General Confederation of Labor to guide the implementation of joining Vietnam Trade Union.

Ensuring flexibility and harmony in the management and use of trade union finance

Regarding ensuring the organization of the apparatus and trade union cadres, the Chairman of the Social Committee said that, based on the opinions of National Assembly deputies and the instructions of competent authorities, the National Assembly Standing Committee has directed the revision in the direction of maintaining the provisions of Article 23 of the current Trade Union Law and reflected in Article 26 of the draft Law. At the same time, institutionalize the task of "Researching and issuing appropriate policies to recruit adult cadres from grassroots trade unions, in the workers' movement; attracting and motivating trade union cadres". as determined in Resolution No. 02 in Clause 5, Article 23 of the draft Law on State responsibility towards Trade Unions.

Regarding ensuring working conditions, trade unions, receiving opinions from delegates, and working hours of non-professional trade union officials are kept as prescribed in current regulations, as shown in Clause 2, Article 27 of the draft Law. Regarding exemption, reduction, and suspension of trade union fee payment, and accepting the opinions of National Assembly deputies, the draft Law has added Article 30 to stipulate cases of exemption, reduction, and suspension of trade union fee payment.

Regarding the management and use of trade union finances, based on the opinions of competent authorities and the opinions of delegates, the National Assembly Standing Committee has directed the revision of Article 31 in the direction of: Supplementing regulations on the principles of management and use of trade union finances (Clause 1); Reviewing the task of spending trade union funds to ensure more coverage and completeness (Clause 2); Not stipulating in the Law the distribution of trade union funds when there are many representative organizations of workers to ensure flexibility and harmony; Supplementing the regulation "After reaching agreement with the Government, the Vietnam General Confederation of Labor stipulates standards, norms, spending regimes, decentralizing collection, distribution and management, and use of trade union finances in accordance with the requirements of trade union tasks" (Clause 4); The Government stipulates in detail the management and use of trade union funds of enterprises (in the accounting).

Regarding the supervision of the Trade Union, the Chairman of the Social Committee said that, based on receiving the opinions of National Assembly deputies and the proposal of the Drafting Agency, the National Assembly Standing Committee has directed the revision of regulations on the right to supervision of the Trade Union in the direction of: Separate the content of supervision participation in Article 15 of the draft Law (send to the opinions of National Assembly delegations) to combine with Article 16 on the supervision of the Trade Union; The supervision regulations of the Trade Union include participation and coordination of supervision with competent state agencies and supervision activities (Clause 1); Activities of participation and coordination of supervision are implemented according to the provisions of the Trade Union Law, the Vietnam Fatherland Front Law and other relevant legal provisions (Clause 2); Management, nature, purpose, principles, and principles of supervision activities (Clause 3, 6, responsibility of the Trade Union owner, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency, supervision of the agency.

In addition, regarding the social criticism of the Trade Union, taking into account the opinions of National Assembly deputies and the agencies of the National Assembly, based on the proposal of the Drafting Agency, the National Assembly Standing Committee directed the revision as shown in Article 17 to ensure consistency with Decision 217-QD/TW on promulgating regulations on supervision and social criticism of the Vietnam Fatherland Front and socio-political organizations.