| VIETNAM GENERAL CONFEDERATION OF LABOR | SOCIALIST REPUBLIC OF VIETNAM |
| No. 238/HD-TLD | Hanoi, March 04, 2014 |
ON IMPLEMENTATION OF THE CHARTER OF VIETNAM TRADE UNION
Pursuant to the Charter of Vietnam Trade Union (hereinafter referred to as “Charter”) adopted by the 11th Congress of Vietnam Trade Union (in the period of 2013 – 2018), the Presidium of the Vietnam General Confederation of Labor (VGCL) provides the guidance on implementation of the Charter as follows:
1. Individuals eligible to enroll in the Vietnam Trade Union mentioned in Article 1 include:
1.1. Individuals eligible to enroll in the Vietnam Trade Union
Vietnamese working for and receiving salary in authorities, organizations, enterprises or cooperatives in accordance with regulations of the Law on Officials, the Law on Public employees and the Labor Code, including:
a. Officials, public employees or workers working for public service providers; authorities affiliated to political organizations, socio-political organizations, socio-political-professional organizations or socio-professional organizations. Authorities in communes/wards/towns also include persons receiving salary or allowance that are working for People’s Councils, People’s Committees, political organizations, socio-political organizations of communes/wards/towns.
b. Employees working for authorities, enterprises or cooperatives.
c. Vietnamese working for representative offices of foreign/international/non-governmental organizations in Vietnam.
d. Vietnamese legal freelance workers wishing to participate in the trade union and enroll in the professionally based union.
dd. Persons that are appointed to be representatives to manage state capital and are leaders of non-public service providers, non-state-owned enterprises or foreign-invested enterprises.
e. Apart from the above-mentioned individuals, the following ones may be considered to enroll in the trade union or professionally based union if they are:
- Vietnamese legal freelance workers, including workers that competent state authorities have granted practice licenses to but do not hire workers working in industries, transportation, artisanal and small-scale industries, trade, services, health, etc.
- Vietnamese working abroad in accordance with labor contracts concluded by and between domestic and foreign authorities or enterprises for at least one year.
1.2. Individuals ineligible to enroll in the Vietnam Trade Union
a. Foreign employees working in Vietnam.
b. Owners of enterprises, chairpersons of boards of directors, chairpersons of boards of members, general directors, directors; persons authorized to manage non-state-owned enterprises or conclude labor contracts with employees working for such enterprises or foreign-invested enterprises, including: vice chairpersons of boards of directors, deputy general directors, deputy directors or human resources managers.
c. Rectors, directors of institutes; deputy rectors or deputy directors of institutes authorized to manage their institutions or conclude labor contracts with employees working for non-public service providers.
d. Members of agricultural cooperatives.
dd. Prisoners.
1.3. Unionists that are now owners of non-state-owned enterprises or foreign-invested enterprises
Unionists that are now the individuals mentioned in Points b and c Section 1.2 this Guidance shall be non-unionists. In the cases where such non-unionists wish to continue participate in the trade union, the executive board of the grassroots trade union may consider recognizing honored unionists for them.
1.4. Rights and obligations of honored unionists:
a. Honored unionists shall be entitled to participate in activities of the union or receive rewards from the union; shall act as delegates to take part in the congress of grassroots trade unions.
b. Honored unionists shall not allowed to vote when participating in meetings, conferences or congresses of the trade union; to self-nominate or nominate someone to work for executive authorities of trade unions and to be delegates to take part in congresses of delegates or conferences of delegates of trade unions.
c. Honored unionists are encouraged to voluntarily pay union fees to their grassroots trade unions.
2.1. Procedures for admission and recognition of unionists:
a. An individual or a group of individuals shall agree on the Charter and make application forms for participating in the Vietnam Trade Union.
An application form for participating in the Vietnam Trade Union shall be an application form made by the individual (bearing his/her physical or electronic signature) or an application form made by the group of individual (bearing their signatures according to the list specified in the form).
b. The executive board of grassroots trade union shall make a decision on admission of unionists and organize a ceremony thereof. Multiple individuals may be admitted in a ceremony and they must be present at the ceremony (except for their special reasons). The grassroots trade union shall publish and give the decision on admission of unionists to employees. If the workplace has plenty of employees, the executive board of grassroots trade union may authorize a unionist, division or team affiliated to the trade union to organize the ceremony of unionist admission.
c. In the cases where the trade union has not been established in the workplace:
When employees submit the application form for participating in the trade union, the board establishing the grassroots trade union shall receive application forms and publish the list of employees participating in the trade union and request the superior trade union to recognize unionists. The recognition of unionists is provided in Section 13 Chapter III herein.
In the cases where the board establishing the grassroots trade union has not been organized, the superior trade union shall process application forms submitted by employees, consider the admission, organizing the ceremony of unionist admission and giving unionist’s cards to employees. After unionists are admitted, the superior trade union shall introduce the trade union club to unionists or the temporary club at the workplace where unionists are admitted until a trade union is established in their workplace.
The unionist that is no longer a member of the trade union and now wishes to re-enroll shall submit an application form and the executive board of grassroots trade union or superior trade union shall consider re-admission.
2.2. The unionist’s card shall be used in any of the following cases:
- The unionist casts a ballot in the trade union’s meeting if necessary.
- The unionist presents the unionist’s card when being transferred to another trade union; participates in activities organized by the trade union (if required); needs help or assistance from trade unions.
- The unionist presents the unionist’s card to the superior trade union to temporarily participate in when the trade union has not been established in his/her workplace, when the trade union is dissolved or during the time when the unionist terminates his/her labor contract when he/she hasn't found a job.
2.3. Management of unionist’s cards:
- The Presidium of the VGCL shall ensure consistency of managing the specimen of unionist's cards and assign confederations of labor of provinces/cities, central and equivalent trade unions to manage giving of unionist's cards within their competence.
- Unionist’s cards shall be given to unionists in the admission ceremony or after the admission. The unionist receiving the unionist’s card shall comply with rules for using it. If the unionist’s card is lost or damaged, the unionist shall report immediately to his/her grassroots trade union for reissuing. If any fake unionist’s card is found, the unionist shall promptly report to the grassroots trade union or superior trade union.
- If the unionist is no longer a member of the trade union or expelled from the trade union, the grassroots trade union where the unionist participates in shall revoke the unionist's card and remove his/her name in the list of unionists.
- The unionist that retires or stops working shall be entitled to keep the unionist’s card.
2.4. Procedures for transfer of unionists:
- When moving to another workplace, the unionist shall present his/her card to participate in the trade union therein. If the unionist has not received the card, the trade union of the workplace where the unionist leaves shall provide the unionist with a written reference on the transfer of trade union.
- If the unionist’s new workplace has not established a trade union, the unionist shall contact with the nearest superior trade union according to administrative land boundaries.
3. Rights of unionists mentioned in Article 3 shall be exercised as follows:
- The unionist of the workplace where the trade union has not been established shall be entitled to gather employees to set up the grassroots trade union in accordance with regulations of law and the Charter.
- The unionist shall be eligible to self-nominate or nominate someone to work for executive authorities of trade unions under regulations of the VGCL.
- The unionist that continues to work under the labor contract or a permanent employment contract after retiring shall continue to participate in the trade union of his/her workplace.
4. Regarding trade union officials mentioned in Article 5 and Article 6:
4.1. Trade union officials include: Trade union leaders and vice leaders, members of executive boards; members of trade union inspection committees, members of mass commissions of trade unions through election results or appointed by competent trade unions; officials working for trade organization structures.
4.2. Management of trade union officials:
- Full-time and part-time trade union officials shall be recognized by trade unions (according to each level).
- The full-time trade union official shall receive salary from trade union financial resources that the trade union directly and completely manages and provides benefits for officials under regulations and allocation of the Communist Party and the VGCL.
- The management and provision of benefits for the full-time trade union official that does not receive salary from trade union financial resources and the part-time trade union official shall be implemented by the cooperation of the trade union and the enterprise on the principle that the enterprise must pay for salary, increase salary grades and implement policies on management of officials in accordance with general regulations of the enterprise. The superior trade union shall direct, inspect and provide guidelines for profession and activities of the trade union; supervise the provision of benefits for trade union officials in compliance with regulations of law and the allowance in accordance with regulations of the VGCL.
4.3. Unionists that are chairpersons of boards of directors, chairpersons of boards of members, presidents, general directors, directors of enterprises or heads of administrative authorities or public service providers shall not be eligible to work as the chairpersons of equivalent trade unions.
RULES AND SYSTEM OF TRADE UNIONS
5. Rules for organization and operation mentioned in Article 7 shall be implemented as follows:
5.1. The Vietnam Trade Union shall organize and operate with the principle of democratic centralism, organize trade unions and unionists in the system of trade unions to comply with the Resolution of the Congress of the Vietnam Trade Union, the Resolution of the Executive Board of the VGCL, resolutions of congresses and resolutions of equivalent and superior trade unions. Resolutions of trade unions shall be valid only when over 50% of the participants consent.
5.2. Each trade union congress of each level shall decide missions of their trade unions in accordance with regulations of law and the Charter.
6.1. Trade Union badges shall be used consistently and widely in operation of trade unions.
6.2. The use of Trade Union badges shall ensure consistency of colors and layouts specified in Article 8 of the Charter.
6.3. Cases where the use of Trade Union badges is required:
- Congresses of trade unions;
- Ceremonies of unionist admission, establishing ceremonies of trade unions or anniversaries of trade union traditional days;
- In headquarters or workplaces of trade unions;
- Published documents of at least superior trade unions.
7. Regarding levels of trade unions mentioned in Article 9:
The organizational system of the trade union includes the following basic levels:
7.1. Central level: The VGCL.
7.2. Provincial level and equivalent level consist of:
- Confederations of labors of provinces/central-affiliated cities (hereinafter referred to as "confederations of labor of provinces");
- Central and equivalent trade unions;
7.3. Superior trade unions consist of:
- Confederations of labors of districts/towns/provincial cities (hereinafter referred to as "confederations of labor of districts");
- Education trade unions of districts/towns/provincial cities (hereinafter referred to as "education trade unions of districts");
- Local trade unions; trade unions of industrial parks, export-processing zones, high-tech zones and economic zones (hereinafter referred to as "trade unions of industrial parks");
- Trade unions of corporations affiliated to the VGCL.
- Trade unions of corporations affiliated to confederations of labor of provinces or central trade unions;
- Eligible central trade unions include:
+ Trade unions of boards of the Communist Party; the National Assembly’s office; the Government’s office.
+ Central trade unions of socio-political organizations.
+ Trade unions of ministries, ministerial and governmental authorities.
+ Trade unions of general departments, departments, national universities and regional universities.
- Other specific superior trade unions considered or decided by the Presidium of the VGCL.
- Professionally based unions.
7.4. Grassroots trade unions consist of:
- Trade unions of state authorities, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, authorities, enterprises, cooperatives or other organizations hiring employees in accordance with regulations of law on labor; foreign authorities or organizations operating in the territory of Vietnam (hereinafter referred to as "authorities, organizations and enterprises").
- Professionally based unions.
8. Congresses and conferences of trade unions mentioned in Articles 10, 11 and 12:
8.1. Tenures of congresses of grassroots trade unions
a. The congress of grassroots trade union or professionally based union shall be held every 5 years. The tenure of affiliated grassroots trade union, professionally based union, affiliated trade union, affiliated professionally based union shall be as same as the tenure of grassroots trade union or professionally based union.
b. Cases where any written request made by the grassroots trade union shall be considered or decided by the superior trade union twice every 5 years:
- The grassroots trade union has under 10 unionists.
- The grassroots trade union of non-state-owned enterprise or foreign-invested enterprise has the changed rate of the list of unionists from at least 20% or during the tenure of changing members of the executive board from at least 50%.
c. The trade union team or the professionally based union team shall hold a general conference twice every 5 years to vote for the trade union leader and vice leader and assess implementation of the grassroots trade union’s resolution or may hold an ad-hoc conference if necessary. The grassroots trade union shall recognize election results of trade union leader and vice leader.
8.2. How to calculate the congress tenure:
- The trade union when divided shall be entitled to inherit the tenure before the division.
- After the merger, the trade union keeping the name of another trade union shall be entitled to inherit the previous tenure of such union; if it has a new name, the tenure shall be the first one.
- If the grassroots trade union is upgraded to be a superior trade union, the tenure shall be the first one (not applying the tenure of the based level to the superior level).
8.3. Ad-hoc congresses of trade unions:
a. The ad-hoc congress shall be agreed by the superior trade union if any of the following cases arises:
- There is a basic change in the tasks compared to the congress’s resolution and approved upon by the executive board.
- The number of absent executive board members is over fifty percent (50%).
- The internal trade union has seriously disagreement or two-thirds (2/3) of the executive board members receive at least warning sanctions.
b. Participants in ad-hoc congresses:
- Participants in the plenary congress shall be the entire unionists.
- In terms of the congress of delegates: applying any of the following options:
+ Convening executive board members; delegates participating in the beginning of the tenure and having adequate qualifications of delegates. In the cases where the number of delegates participating in the beginning of tenure is inadequate, it is required to hold additional election in authorities where delegates are inadequate until they are adequate.
+ Voting the entire delegates in accordance with regulations of the Charter.
8.4. Options of holding congresses
There are two options of holding a congress: the congress of delegates and the congress of unionists.
a. Cases where the congress of delegates is held:
- At least superior trade union.
- Grassroots trade union, affiliated grassroots trade union, professionally based union, affiliated trade union or affiliated professionally based union having at least 150 unionists. If fewer than 150 unionists disperse or hardly organize the plenary congress, they shall hold the congress of delegates when approved by the superior trade union.
b. The plenary congress is the congress of the entire unionists (except for unionists that receive at least warning sanctions, are prosecuted, kept in detention or imposed penalties by a court) and is held in the grassroots trade union, affiliated grassroots trade union, professionally based union, affiliated trade union or affiliated professionally based union having under 150 unionists. If at least 150 unionists request the holding of the plenary congress, the superior trade union shall consider deciding.
8.5. Number of official delegates participating in congresses
a. The number of official delegates participating in the congress or conference of trade union delegates that the executive board of trade union convenes and decides according to the number of unionists, the number of grassroots trade unions or professionally based unions and specific situations of authorities shall comply with the following regulations:
- The number of delegates participating in the congress of the grassroots trade union, affiliated grassroots trade union or professionally based union shall not exceed 150 people; the number of delegates of the grassroots trade union having at least 5,000 unionists shall not exceed 200 people.
- Superior trade union congress: Not exceeding 200 delegates.
- Congress of trade union of province, city or central trade union having:
+ Under 80,000 unionists: Not exceeding 250 delegates.
+ From 80,000 to under 100,000 unionists: Not exceeding 300 delegates.
+ From 100,000 to 300,000 unionists: Not exceeding 400 delegates.
+ Over 300,000 unionists: Not exceeding 500 delegates.
- Trade union congress of the corporation affiliated to the VGCL: Not exceeding 250 delegates.
- The number of delegates of the Congress of Vietnam Trade Union shall be decided by the executive board of the VGCL.
The superior trade union may increase the number of official delegates if necessary provided that the increased number does not exceed 10% over the above-mentioned number of delegates.
b. Delegates participating in the trade union congress or congress of delegates of superior trade union shall be elected by congress of official delegates or the congress of inferior trade union.
- Where the delegates have been elected but the trade union is divided into some new trade union, the convening trade union may decide to organize additional election to find some delegates for new trade unions in accordance with regulations of Point a Section 8.5 Chapter II herein.
- Where the delegates have been elected but the trade union is affiliated to the new superior trade union due to division and the superior trade union has not held the congress, the convening trade union shall convene delegates transferred by the new trade union and added to the total convened delegates of the congress.
- Where the delegates have been elected but a decision on dissolution of the trade union is given, elected delegates shall no longer be official delegates participating in the superior trade union.
8.6. Convening of delegates of congresses or conferences
The executive board convening the congress/conference shall only convene official delegates participating therein when:
- The delegates are appointed and delegates are elected by the congress/conference of the inferior trade union in accordance with election rules and regulations of the executive board of the convening trade union.
- The delegates are members of the current executive board of the convening executive board in the tenure and have participated in over 50% of the number of sessions.
8.7. Procedures for organizing trade union congresses
The trade union congress shall be organized in accordance with the following procedures:
- Saluting the flag.
- Voting for the presidium, secretariat and inspectorate of qualified delegates.
- Opening ceremony and delegates introduction.
- Adopting agendas and regulations of the congress.
- Reporting the inspection of qualified delegates (plenary congress that the presidium of congress reports the number and qualifications of unionists participating in the congress).
- Summarizing the past tenure and direction of the next tenure.
- Discussion about documents of the congress.
- Statements made by the superior trade union, respresentatives of executive committee of the Communist Party of Vietnam, local authorities and relevant authorities.
- Voting (performing the tasks in accordance with election procedures).
- Adopting the congress's resolution.
- Closing ceremony (saluting the flag).
8.8. Rules and procedures for executing congresses
a. The executive board of trade union convening the congress:
- The executive board shall draw up the agenda of congress; estimate the number, structure and the list of presidium, secretariat and inspectorate of qualified delegates of the congress and request the congress to discuss and adopt through voting by raising hands (voting the list once or voting each person separately). In the cases where any member of the presidium, secretariat or inspectorate disagrees, the representative of the executive board convening the congress shall re-present the estimated structure to the congress. If there is still disagreement, the executive board or congress shall be entitled to introduce another person and the congress shall adopt through voting by raising hands.
- The executive board shall consider and report the inspectorate on results of settling complaints related to delegates.
b. The presidium of congress
- The presidium of congress shall be official delegates of the congress. The guests of congress may be invited to participate in the presidium as honored members (honored members of the presidium indirectly executing the congress), the number of honored members participating in the presidium shall not exceed one-fifth (1/5) of the total members of the presidium.
The presidium of congress shall have the following rights and responsibilities:
- Manage tasks of the congress, work with the principle of democratic centralism and majority rule.
- Assign members to mange tasks of the congress in compliance with the agenda and working regulations adopted by the congress, prepare contents for discussing, voting, leading and managing activities of the congress.
- Manage the voting and decide whether a person is eligible to be removed from the nominee list or not.
- Receive the voting result record and sealed ballots from the voting board to transfer them to the new executive board.
- Appoint the convener of the first session of the executive board after publishing the voting result of the trade union executive board.
c. Secretariat of the congress
Responsibilities of the secretariat of the congress:
- Record a minutes summarizing discussed opinions, drafts of documents on conclusion and resolution of the congress.
- Manage and publish documents related to the congress in accordance with the direction of the presidium of congress.
- Receive, retain and submit all official documents of the congress to the new executive board.
The chief of secretariat shall take responsibility to the presidium of congress for duties of the secretariat and shall assign specific duties to each member.
8.9. Inspection of qualified delegates and responsibilities of the inspectorate of congress
a. Inspection of qualified delegates: The delegate participating in the congress shall be consider qualified when there are over 50% of the total official delegates in the congress voting by raising hands. The plenary congress shall not vote for recognizing qualifications of delegates; the executive board of trade union convening the congress shall report to the congress on the number and qualifications unionists participating in the congress.
b. Inspectorate of qualified delegates: The inspectorate of qualified delegates shall be official delegates of the congress. The plenary congress shall not vote for the inspectorate of qualified delegates.
c. Responsibilities of the inspectorate:
- Study documents on delegates provided by the executive board convening the congress; consider qualifications of delegates according to standards of delegates and relevant rules; consolidate, analyze and report issues related to delegates (in cooperation with the secretariat of congress).
- Consider complaints related to delegates filed 10 days before the congress or conference is officially held. The complaints that are filed after the above-mentioned time limit shall not be settled in the congress/conference and shall be settled by the new executive board or a competent authority.
- Report the inspection of delegates qualifications and conclude the consideration of complaints so that the presidium of congress will discuss and decide to vote by raising hands.
- The inspectorate of qualified delegates shall terminate their commission after the congress adopts qualifications of delegates.
d. The executive board convening the congress and considering deciding qualified delegates: If the delegate still receives at least warning sanction (discipline of the Communist Party, local authority, trade union or other unions), the executive board convening the congress shall consider and report qualifications of the delegate to the congress.
8.10. Congresses of delegates and plenary congresses
- The number of official delegates participating in the congress of delegates and inspectorate of qualified delegates shall comply with Sections 8.5 and 8.9 Chapter II herein.
- If the congress of delegates or plenary congress fails to be held, the superior trade union shall allow organizing an open congress of executive board to vote for delegates participating in the congress or conference of superior trade union and the number of delegates attending such open congress shall be decided the executive board convening the congress. The persons elected to attend the superior trade union congress/conference shall be the delegates present at the congress. The executive board convening the open congress shall report qualifications of delegates at the congress (not voting for qualifications of delegates).
8.11. Self-nomination and nomination to trade union executive boards and delegates attending superior trade union congresses or conferences
a. Self-nomination:
-The unionist (candidate) that is a delegate or not a delegate attending the congress shall be entitled to self-nominate to the executive board of trade union.
- The candidate that is not an official delegate and shall submit an application form with comments made by the executive board of the trade union where he/she is participating in and a résumé certified by a competent authority to the presidium of congress.
- The candidate wishing to attend the superior trade union congress/conference shall be an official delegate of the congress.
b. Nomination
- The executive board convening the congress shall have the rights to nominate participants in the new executive board or delegates attending the superior trade union congress (if any) and shall provide résumés of each person. The number of candidates participating in the new executive board of the superior trade union on the nomination list shall be more than ten percent (10%) compared to the number of members of executive board decided by the congress.
- Official delegates of the congress/conference shall have the rights to nominate delegates of congress/conference or unionists that are not delegates of congress/conference to the executive board.
- If the nominee to the executive board is not an official delegate of the congress, the person introducing the nominee shall provide the nominee’s résumé with comments made by the trade union where he/she is participating in and a compulsory written approval by the nominee.
- The nominee wishing to attend the superior trade union congress/conference shall be an official delegate of the congress.
- Self-nomination and nomination of the unionist that is a member of the Communist Party shall comply with regulations of the Communist Party of Vietnam.
8.12. Election
a. Election list
The presidium of congress shall fully consolidate and report the nomination/candidate list, list of persons applying for removing from the list and the presidium's decision whether the persons are eligible to be removed from the nomination/candidate list or not. The nomination list shall be adopted by the congress through voting by show of hands.
b. Election board
An election board includes official delegates of the congress whose names are not on the nomination list, introduced by the presidium of congress and adopted through voting by show of hands.
Responsibilities of the election board:
- Disseminate election rules and provide guidance on casting, giving and collecting ballots; check the ballot box before casting and seal the ballot box.
Check ballots (the election board shall not count the number of ballots before the congress), make a ballot check record and adopt it in the election board, publish the election result at the congress; seal ballots and transfer them to the presidium of congress.
- If ballots are checked by technical means, the election board shall be entitled to assign certain technicians that are not delegates of the congress to check the ballots. Apart from members of the election board, technicians and representatives of the superior trade union shall supervise the ballot check and the election board shall not allow any person not in charge to enter the ballot check area.
8.13. Ballots
a. Formality of ballots:
- Ballots shall specify full names, positions and workplaces of the candidates on the list of election list adopted by the congress alphabetically for the entire election list or in accordance with the business section. Write-in ballots may be applied in the cases where there are not many candidates approved by the congress.
- The executive board of trade union convening the congress shall bear a stamp on the top-left corner of each ballot.
It is allowed to use stamps of grassroots trade union or professionally based union if ballots of the affiliated trade union, affiliated professionally based union or affiliated grassroots trade union have no stamps borne. It is required to have signatures borne by head of the election board on top-left corner of the ballot if the affiliated trade union, affiliated professionally based union or affiliated grassroots trade union fails to bear a stamp of the executive board of grassroots trade union.
b. Valid ballots include:
A ballot issued by the election board in accordance with the formality mentioned in Point a Section 8.13.
A ballot having adequate or inadequate number of members of the executive board adopted by the congress through voting.
c. Invalid ballots include:
- A ballot that is issued not in accordance with the formality stated in the election rules of the election board and is not issued by the election board.
- A ballot having no stamp borne by the executive board.
- A ballot having all the names struck through on the printed ballot or having no names specified in the write-in ballot.
- An abundant ballot approved by the congress through voting.
- A ballot specifying a candidate that is not on the election list adopted by the congress through voting.
- A ballot having a particular mark or struck through by at least 2 colors of pen ink.
- A torn or crumple ballot.
- A write-in ballot not specifying the first name, only specifying the last name or middle name of the candidate, not specifying the position or workplace of the candidate. A ballot shall also be considered invalid if there are multiple candidates having the same names on the election list adopted by the congress but the ballot only specifies first names and does not specify last names, middle names, positions or workplaces of candidates.
d. Ballot check:
- In the cases where the number of ballots collected is more than that issued by the election board, the election board shall report immediately to the presidium of congress.
- For printed ballots, the following cases shall be considered non-struck-through ballots:
+ Underlining or overlining full name of a candidate.
+ Striking through last name and middle name only, not striking through first name of the candidate.
+ Striking through the position and workplace only, not striking through full name of the candidate.
- For write-in ballots, the following cases shall be considered ballots:
+ The ballot specifies full name of the candidate on the election list adopted by the congress and does not specify position or workplace of the candidate.
+ The ballot only specifies first name and does not specify last name, middle name, position or workplace of the candidate if there is no candidate having the same name on the election list adopted by the congress.
dd. Management of ballots
Finished ballots shall be sealed for 6 months. Only the executive board or standing committee (presidium) shall be entitled to unseal the ballots (if necessary). After 6 months, if there are no complaints about the election result, the standing committee (presidium) or executive board shall decide to remove ballots.
8.14. Election results
The winner shall achieve more than half (1/2) of the total votes cast.
- Where the number of candidates having more than half (1/2) of the total votes cast is more than the number of members of the executive board voted by the congress, the winners shall be chosen from the most to the fewest votes until the number of winners is satisfactory.
- In cases where there are more than half (1/2) of candidates having equal votes, only one or some candidates will be chosen to meet the election requirements, it is required to request the congress to continue electing those candidates to select ones having higher number of ballots. In such case, it is not required to reach the number of ballots more than half (1/2) over the total of ballots collected by the election board. If the number of ballots is still equal after the second election, the congress shall decide whether to hold another election or not.
- Where the number of candidates having more than half (1/2) of ballots is fewer than the required number of the election, the congress shall discuss and decide to continue to elect until the number of positions in the executive board is met; or not to elect and select the number of winners that is fewer than the number decided by the congress).
8.15. Election of delegates attending congresses or conferences of superior trade unions
Election of delegates attending the congress/conference of superior trade union shall comply with the guidance on election of trade union executive board. The congress/conference may elect alternate delegates whose number shall be decided by the congress/conference. Alternate delegates may be elected separately or by asking the congress/conference for selecting alternate delegates having more than half (1/2) of ballots right after the candidate that has the lowest number of ballots and has been elected as the official delegate. If the number of alternate delegates fails to satisfy the congress/conference's decision, the congress/conference shall decide whether to hold another election or not.
The separate election of alternate delegates for the congress/conference of superior trade union shall be held only when the number of official delegates is satisfactory.
8.16. Transfer of alternate delegates to official ones of the congress shall be decided by the executive board or the standing committee (presidium) convening the congress/conference at the request of the executive board or the standing committee of the trade union having elected alternate delegates. Transfer of alternate delegates to official ones shall be specified in reported contents of the inspectorate of qualified delegates.
9. Regarding the executive boards of trade unions mentioned in Article 13:
9.1. The executive board of the affiliated grassroots trade union, affiliated trade union or affiliated professionally based union shall be recognized by the executive board of the grassroots trade union or professionally based union.
9.2. The number of members of the executive board of trade union of each level shall be decided by the trade union congress thereof as follows:
- The executive board of the affiliated trade union or affiliated professionally based union: 3 – 7 members.
- The executive board of the grassroots trade union, professionally based union or affiliated grassroots trade union: 3 – 15 members. The grassroots trade union having at least 3,000 unionists: not exceeding 19 members.
- The executive board of superior trade union: Not exceeding 27 members. The executive board of the corporation affiliated to the VGCL: not exceeding 35 members.
- The executive board of central or equivalent trade union or executive board of the confederation of labor of province affiliated to the VGCL: not exceeding 39 members; executive board of the central trade union or confederation of labor of province having at least 100,000 unionists: not exceeding 49 members. The executive board of the confederation of labor of Hanoi city or Ho Chi Minh city: not exceeding 55 members.
The number of executive boards that needs to be increased shall be approved by the superior trade union (if any) provided that the increased number does not exceed 10% over the above-mentioned regulations.
9.3. Assignment of provisional executive boards of trade unions:
a. The superior trade union shall be entitled to assign a provisional executive board of inferior trade union and titles in a standing authority of such executive board (through a physical decision) when:
- A superior trade union, grassroots trade union, affiliated grassroots trade union, professionally based union, affiliated trade union or affiliated professionally based union has just been established.
- The executive board is dissolved.
- A superior trade union, grassroots trade union, affiliated grassroots trade union, professionally based union, affiliated trade union or affiliated professionally based union is divided, merged or consolidated due to rearrangement of organization or business or change in administrative land boundaries, etc.
- The grassroots trade union is upgraded to the superior trade union.
- The superior trade union, grassroots trade union, affiliated grassroots trade union, professionally based union, affiliated trade union or affiliated professionally based union fails to organize the congress in accordance with the prescribed tenure.
- The number of inadequate executive boards of the superior trade union is more than one-third (1/3) or that of the grassroots trade union is more than half (1/2) causing failure to organize the ad-hoc congress mentioned in Section 8.3. Chapter II herein.
b. The time for operating the provisional executive board of trade union shall not exceed 12 months. If the congress fails to be organized after 12 months, the superior trade union shall consider making a physical decision on giving an extension for operating the provisional executive board provided that it does not exceed 6 months; or cease operation of the old provisional executive board of trade union and assign a new one.
c. When the trade union is dissolved, the executive board and the inspectorate of the trade union shall also cease operation.
9.4. Addition of members of executive boards of trade unions
Where inadequate or abundant members of the executive board are required to be added, the executive board of trade union thereof shall make a request and send it to the superior trade union for approval.
Procedures for voting additional members of the executive board:
- Publishing the decision on voting additional members of the executive board made by the superior trade union.
- Voting in compliance with election rules.
The person that is no longer a member of the executive board shall not be allowed to vote for additional members and titles in the board. The winner shall be entitled to self-nominate or nominate someone and vote right after he/she is announced to be a member of the executive board.
9.5. The executive board of the superior trade union shall exercise the rights to represent in the area where the grassroots trade union has not been established if required by employees in compliance with regulations of law and the presidium of VGCL.
10. Organizational structure and tenure of trade union officials mentioned in Article 14:
The organizational structure of each trade union and tenure of trade union officials in the trade union system shall ensure consistency with regulations of the presidium of VGCL and assignment of the Communist Party. The executive board of each trade union shall depend on its allocated financial resources and duties to organize the organizational structure and assign trade union officials in accordance with regulations of the VGCL. Every year, confederations of labor of provinces, central and equivalent trade unions and trade unions of corporations affiliated to the VGCL shall periodically report the organizational structure and tenure of trade union officials to the presidium of VGCL.
11. Election of the presidium (standing committee) mentioned in Article 15:
11.1. After the voting result of the new executive board is published, the presidium of congress shall assign a member of the executive board to act as a convener to arrange the first conference of the board. The convener shall organize the conference of the executive board to elect the presidium of the conference or take charge of the conference.
The first conference of the executive board shall elect the presidium (standing committee), elect chairperson, vice chairperson, inspectorate and head of inspectorate. The first conference of the executive board shall be held during the congress. If the first conference fails to be held during the congress, the convener shall call the first conference of the executive board to elect the presidium (standing committee) within 15 days from the closing date of the congress. During the time when the first conference has not been held, the convener shall directly manage tasks of the new executive board.
11.2. Election of chairpersons of executive boards
- The first conference of the executive board shall assign a chairperson (if the executive board has fewer than 15 members), the presidium of conference (if the executive board has at least 15 members) and secretariat of the conference through voting by show of hands. If the congress of the grassroots trade union elects the chairperson directly, such chairperson shall be the convener and chairperson of the conference.
The chairperson or the presidium shall report the agenda to the conference for approval. The conference of the executive board shall discuss and decide the number and structure of the presidium (standing committee) and the inspectorate. Self-nomination, nomination and election of the presidium (standing committee) shall follow procedures and rules as same as those of electing the executive board.
11.3. Voting order:
- Electing the presidium (standing committee) from members of the executive board.
- If the congress of grassroots trade union has elected the chairperson directly, the chairperson shall be included in the total number of members of the standing committee and shall not be re-elected.
- Electing the chairperson from members of the presidium (standing committee).
- Electing the vice chairperson from members of the presidium (standing committee).
- Electing the inspectorate.
- Electing head of the inspectorate from members of the inspectorate.
11.4. Direct election of the chairperson of the grassroots trade union or professionally based union at the congress shall be carried out as follows: When more than half (1/2) of the members attending the congress require direct election of the chairperson, the presidium of congress shall report it to the superior trade union and follow voting procedures as same as those of the executive board.
11.5. The presidium (standing committee), chairperson, vice chairperson, inspectorate and head of the inspectorate shall perform their duties after being elected; chairperson of the trade union or head of the inspectorate shall be entitled to conclude documents within his/her competence after being elected and receive the transfer from the presidium (standing committee) or the inspectorate of the previous tenure within 15 days.
11.6. Recognition of election results
After the congress, the standing committee or executive board (where the standing committee is not available) of the new tenure shall request the superior trade union to recognize election results of executive board, standing committee, chairperson, vice chairperson, inspectorate, head or deputy head of the inspectorate. The chairperson of the VGCL that has just been elected shall be eligible to conclude a decision on recognition of election results of the executive board, presidium, chairperson, vice chairpersons, inspectorate, head or deputy head of the inspectorate of the VGCL.
An application for recognition of the election result submitted to the superior trade union includes:
- Application form for recognition of election results of the executive board, standing committee, chairperson, vice chairperson, inspectorate, head or deputy head of inspectorate.
- Record on election of the executive board; conference minutes of the executive board on electing the standing committee, chairperson, vice chairperson, inspectorate or head of inspectorate; conference minutes of the inspectorate on electing the deputy head thereof.
- List of the executive board or inspectorate of trade union specifying full name, age, gender, position, workplace, ethnic group and qualifications of each member of the board or inspectorate.
Within 15 days from the day on which the application is received, the superior trade union shall consider recognizing election results. After the congress, if any violation against election standards, rules or procedures is found, the superior trade union shall have the rights to reject election results of the congress or of the inferior executive board and direct the re-election; if one or some elected title(s) fail(s) to comply with prescribed standards or rules, the superior trade union shall be entitled not to recognize one or some of such title(s).
GRASSROOTS TRADE UNION AND PROFESSIONALLY BASED UNION
12.1. Grassroots trade unions shall be the foundation of trade unions.
a. Enterprises under types of ownership; cooperatives hiring employees in accordance with regulations of law on labor; authorities of communes/wards/towns; state authorities; public or non-public service providers aggregating separately; branches or representative offices of enterprises under types of ownership, foreign authorities, organizations or individuals hiring Vietnamese employees shall be eligible to establish grassroots trade unions when the two following requirements are satisfied:
- Having at least 5 unionists/employees voluntarily making application forms for participating in the Vietnam Trade Union.
- Having the status of a juridical person.
b. A combined grassroots trade union shall be allowed to establish in any of the following cases:
- Authorities have full juridical person status but have under 20 unionists/employees voluntarily participating in the trade union;
- Authorities have over 20 unionists/employees voluntarily participating in the trade union but fail to have full juridical person status.
- Enterprises having eligible unionists or full juridical person status but having the same owners or business lines establish affiliated grassroots trade unions if they wish to voluntarily combine.
12.2. The confederation of labor of district or local trade union shall decide to establish, dissolve and direct operation of the professionally based union.
12.3. The grassroots trade union shall decide to establish the affiliated grassroots trade union after the superior trade union has approved. The grassroots trade union shall thoroughly direct and assign certain tasks and power to the affiliated grassroots trade union. The affiliated grassroots trade union shall be established when:
- The organization fails to have juridical person status and is directly controlled by an enterprise having the grassroots trade union.
- The grassroots trade union wishes to establish the affiliated grassroots trade union.
b. The grassroots trade union, affiliated grassroots trade union or professionally based union having different business lines may establish an affiliated trade union, affiliated professionally based union or trade union team (if necessary). The grassroots trade union, affiliated grassroots trade union or professionally based union shall direct operation and assign tasks to the affiliated trade union or affiliated professionally based union. The grassroots trade union, affiliated grassroots trade union or affiliated trade union shall establish and direct operation of the trade union team.
13.1. The board establishing the grassroots trade union:
a. The employee shall have the rights to request the nearest superior trade union for guidance, help and assistance in establishing the grassroots trade union in the authority/organization/enterprise.
When at least 3 employees working for the authority/organization/enterprise voluntarily make an application form for participating in the Vietnam Trade Union, they may gather and elect head of the board to mobilize the establishment of the grassroots trade union. An employee that is a unionist shall have the rights to convene other employees and become head of the board; if the number of unionist is more than that (under 5 unionists), head of the board shall be elected from such number of unionists.
The board establishing the grassroots trade union shall complete its duties after the executive board of the grassroots trade union has been elected.
b. Where the grassroots trade union is established by combining multiple authorities/organizations/enterprises, each unit shall have at least 3 employees voluntarily making application forms for participating in the Vietnam Trade Union and at least a representative of the board establishing the grassroots trade union.
13.2. Conference establishing the grassroots trade union:
a. The board establishing the grassroots trade union shall request the superior trade union to provide guidance on organizing the conference of establishing the grassroots trade union.
b. Contents of the conference establishing the grassroots trade union:
- Reporting the process of mobilizing employees to participate in the trade union and establishing the grassroots trade union.
- Reporting the list of employees making application forms for participating in the trade union.
- Making statement on establishment of the grassroots trade union.
- Electing the executive board of the grassroots trade union.
- Adopting the operation of the grassroots trade union.
c. The election of the executive board of trade union at the conference of establishing the grassroots trade union shall be carried out by casting ballots and the winner shall achieve over half (1/2) of the number of elected ballots over the number of collected ballots. Such ballots shall have the signature of head of the board establishing the grassroots trade union borne on top-left corner of the ballots.
13.3. Application for recognition of unionists, grassroots trade union and executive board of grassroots trade union consists of:
a. An application form for recognition of unionists, grassroots trade union and executive board of grassroots trade union.
b. The list of unionists and application forms for participating in the Vietnam Trade Union submitted by employees.
c. Minutes of the conference establishing the grassroots trade union.
d. Record on ballot check (enclosed with the list of general information of candidates).
13.4. Within 12 months from the day on which the decision on recognition is given by the superior trade union, the executive board of the grassroots trade union elected by the congress establishing the grassroots trade union shall organize the first congress.
If the congress fails to be organized after 12 months, Point b Section 9.3 Chapter II herein shall be applied.
13.5. Responsibilities of the superior trade union:
a. Superior trade union officials shall disseminate and mobilize employees to participate in the trade union.
b. The superior trade union shall provide guidelines and assist employees in establishing the grassroots trade union as follows:
When employees organize the board establishing the grassroots trade union or establish it upon a request, the superior trade union shall assign its officials to visit the authority/organization/enterprise where the grassroots trade union is going to be established in order to directly provide guidelines and assist organization of the board and the congress establishing the grassroots trade union. Each authority/organization/enterprise shall organize only one board establishing the grassroots trade union. Where employees organize multiple boards in the same authority/organization/enterprise, the superior trade union shall provide guidelines and assist employees in combining such boards together as one or assign members of the boards to establish the grassroots trade union.
c. The superior trade union shall inspect and decide whether to recognize unionists, grassroots trade union and executive board of grassroots trade union as follows:
Within 15 days from the day on which the application is received from the grassroots trade union, the superior trade union shall:
- inspect the process of organizing the board, gather employees, ensure voluntary principles and objectivity; the process of organizing the conference establishing the grassroots trade union and electing the executive board in accordance with regulations of the Charter and ensure the representation of employees.
- make the following decisions on recognition if applications are valid:
+ Decision on recognition of unionists based on the list of unionists.
+ Decision on recognition of grassroots trade union.
+ Decision on recognition of executive board and titles thereof. The time for operating the executive board of grassroots trade union elected by the conference establishing thereof shall not exceed 12 months.
- If applications are rejected, the superior trade union shall notify unionists, the grassroots trade union or the executive board of the grassroots trade union of such rejection; assign trade union officials to directly disseminate and raise employees' awareness of voluntarily participating in the trade union; decide to admit unionists, establish the grassroots trade union, assign the executive board, provisional inspectorate of trade union and titles thereof mentioned in Point c Clause 2 Article 17 of the Charter.
14.1. Grassroots trade unions of state administrative authorities.
14.2. Grassroots trade unions of authorities in communes/wards/towns.
14.3. Grassroots trade unions of political organizations, socio-political organizations, socio-political-professional organizations and socio-professional organizations receiving salary from the state budget and financial resources of the Trade Union.
14.4. Grassroots trade unions of public service providers including: Authorities operating in education, training, health, science and technology, culture, sports, etc. of the state and political organizations socio-political organizations.
15. Grassroots trade unions of state-owned enterprises mentioned in Article 19 include:
Grassroots trade unions of state-owned enterprises holding over 50% of charter capital.
16. Grassroots trade unions of non-state-owned enterprises mentioned in Article 20 include:
Grassroots trade unions of limited liability companies, joint-stock companies, joint ventures, partnerships, sole proprietorships, etc. not having state equity or having state equity that does not exceed 50%.
17. Grassroots trade unions of cooperatives mentioned in Article 21 include:
Grassroots trade unions of cooperatives, cooperative unions, cooperatives operating in the fields of industries, artisanal and small-scale industries, services, trade, transportation, etc. (excluding agricultural cooperatives).
18. Grassroots trade unions of non-public service providers mentioned in Article 22 include:
Grassroots trade unions of non-public service providers operating in the fields of education, training, health, science and technology, culture, sports, etc.
20.1. Confederations of labor of provinces, central and equivalent trade unions shall be entitled to establish or dissolve superior trade unions in compliance with regulations of the Charter. It is required to develop projects and submit them to the presidium of VGCL for approval when superior trade unions have just been established. It is not allowed to establish other superior trade unions against regulations of the Charter. In special cases, if it is necessary to experiment with establishment of a superior trade union that is not included in regulations of the Charter, it must obtain approval from the presidium of VGCL.
20.2. Superior trade unions shall be entitled to assign trade union officials according to regulations of the presidium of VGCL but shall not establish advisory boards.
20.3. Education trade unions of districts mentioned in Article 24 shall directly manage and direct the following grassroots trade unions:
- Grassroots trade unions of sub-departments of education of districts.
- Grassroots trade union of kindergartens, primary schools, middle schools and authorities affiliated to sub-departments of education of districts.
20.4. Local trade unions mentioned in Article 25:
a. Local trade unions shall directly manage and direct grassroots trade unions in their provinces.
b. It is not allowed to establish local trade unions when there is no central trade union.
c. Public sector unions of provinces:
Public sector unions of provinces shall be local trade unions and shall gather officials, public employees and employees working for administrative authorities or public service providers affiliated to boards of the Communist Party; People’s Councils, People’s Committees; Vietnamese Fatherland Front and socio-political organizations, socio-political-professional organizations, socio-professional organizations of provinces; departments affiliated to People’s Committees of provinces where local trade unions are not available.
21. Establishment and direction of trade unions of corporations mentioned in Clause 4 Article 28:
The presidium of VGCL shall decide to establish, dissolve or directly direct certain trade unions of corporations when they meet the following requirements:
- Playing an important role in the socio-economic development.
- Operating nationwide.
- Having at least 20,000 unionists.
- Having at least 30 grassroots trade unions.
CONFEDERATIONS OF LABOR OF PROVINCES, CENTRAL AND EQUIVALENT TRADE UNIONS, VGCL
22. Organization and operation of local and equivalent trade unions mentioned in Article 31:
22.1. Central trade unions shall directly direct ministerial trade unions or trade unions of corporations and equivalent levels (trade unions of national universities or regional universities, trade unions of departments or general departments, etc.) and grassroots trade unions of ministerial authorities.
22.2. Operation of trade unions in a ministry having central trade unions or trade unions of corporations affiliated to the VGCL:
If there are multiple central trade unions or trade unions of corporations affiliated to the VGCL in a ministry, central trade union having representatives participating in the civil affairs committee of the Communist Party shall be entitled to represent to join with leaders of the ministry. Cooperation of operation between central trade unions and trade unions of corporations in the same ministry affiliated to the VGCL shall comply with regulations of the presidium of VGCL.
22.3. Vietnam Public Sector Union:
The Vietnam Public Sector Union shall be the central trade union and shall gather officials, public employees and employees working for authorities affiliated to boards of the Communist Party; office of the National Assembly; office of the Government; central authorities of the Vietnamese Fatherland Front and socio-political organizations, socio-political-professional organizations, socio-professional organizations; ministries, ministerial and governmental authorities where central trade unions are not available.
23.1. Individuals admitted to the Vietnam Trade Union of the People's Army of Vietnam (hereinafter referred to as “army”) include: Officials, workers, public employees and employees ensuring national defense (hereinafter referred to as “employees”) working for administrative authorities, public service providers, science and technology institutions, producers, traders or service providers in the army.
23.2. Establishment of grassroots trade unions in the army:
a. Grassroots trade unions in the army shall be established in accordance with regulations of the Law on Trade union and the Charter when the two following requirements are fully met: each authority/enterprise has juridical person status and at least 5 unionists/employees making application forms for participating in the Vietnam Trade Union. It is not permitted to establish grassroots trade unions in the authorities that are ready for fighting.
b. When establishing grassroots trade unions, the trade union board of national defense shall inspect and request competent authorities to whether issue decisions on recognition or not for unionists, grassroots trade unions and executive boards thereof in accordance with Article 17 of the Charter and Section 13 herein.
c. Organizational structure and responsibilities of grassroots trade unions in the army shall comply with regulations of the Law on Trade union, Charter and competent authorities affiliated to the Ministry of National Defense.
24. Organization and operation of trade unions of the Vietnam People’s Public Security mentioned in Article 33 shall conform to joint regulations between the presidium of VGCL and competent authorities affiliated to the Ministry of Public Security.
25. Feminist work and women’s union committee mentioned in Article 35 and Article 36:
25.1. Professional women’s committees:
Professional women’s committees shall be established in trade unions of provinces, central and equivalent trade unions in compliance with regulations of the presidium of VGCL.
25.2. Public women’s committee:
a. The public women’s committee shall be established in the superior trade union and the grassroots trade union by the executive board of the trade union at the same level and members shall be appointed in accordance with the tenure of the executive board at the same level. If the grassroots trade union has under 10 female unionists, a member of the executive board shall be assigned to take charge of feminist work (not establishing the public women's committee).
b. The public women’s committee shall be directed by the executive board of trade union at the same level and directed and guided on feminist work by the superior women’s committee. The executive board of trade union shall assign a female member of the standing committee or member of the executive board to be responsible for the women’s committee or to directly act as head of the women’s committee.
c. The number of members of the public women’s committee shall be decided by the executive board of trade union at the same level provided that it does not exceed two-thirds (2/3) of the number of members of the executive board of trade union at the same level. The superior women’s committee includes representatives of certain grassroots women’s committees and female officials of the superior trade union.
d. The public women’s committee shall have the following rights and obligations:
- Advise the executive board of trade union at the same level to develop programs, contents or funding for organizing activities related to feminist work in the tenure and every year.
- Grasp the thoughts and expectations of female unionists and employees and report them to the trade union executive board at the same level; participate in inspecting and supervising the implementation of benefits for female employees, settling issues related to the legitimate rights and interests of female unionists and employees; identify and provide refresher courses for excellent female unionists to introduce to the trade union executive board in the process of participating in the planning and training and considering the appointment of leaders of all levels; represent female unionists and employees to take part in legal organizations related to female employees, children, population, families, gender equality and the development of women.
- Disseminate and educate the female unionists and employees about policies and resolutions of the Communist Party, the State's policies and laws in general and contents related to female employees in particular; organize the emulation movement of women being good at work and good at home; mobilize female unionists and employees to participate in social activities and general emulation movements launched by the trade union.
FINANCE AND PROPERTY OF TRADE UNIONS
26. Management of finance and property of trade unions mentioned in Article 37 and Article 38:
The presidium of the VGCL shall provide specific guidelines or regulations on payment for union fees by unionists; collect, assign collection of payment, transfer sources of collection, use and manage finance, property, economic activities and capital construction of the trade union.
INSPECTION OF TRADE UNIONS AND INSPECTORATES THEREOF
27. Inspection of trade unions mentioned in Article 39:
27.1. Trade unions shall conduct inspections of their levels, inferior levels and shall be inspected by their superior levels.
27.2. Executive boards of trade unions shall decide inspection programs and plans for their levels and direct inferior trade unions to develop plans for inspection of the compliance with the Charter every tenure or every year, implement resolutions of congresses, resolutions or programs of executive boards at their levels and higher levels, settle complaints, develop and provide refresher courses for inspectors.
27.3. Executive boards of trade unions shall report the inspection (included in general reports) at congresses.
27.4. Standing committees of trade unions shall take responsible to executive boards for providing guidelines and fostering the implementation of programs or plans for inspection of the compliance with the Charter, carry out resolutions of congresses, resolutions or programs of executive boards at their levels or higher levels, settle complaints, develop and provide refresher courses for inspectors.
28. Inspectorates of trade unions mentioned in Article 40:
28.1. Inspectorates shall be established from at least grassroots trade unions and elected by executive boards at the same levels, including certain members and non-members of executive boards.
28.2. The number of members of inspectorates shall be decided by executive boards of trade unions at the same levels as follows:
- Inspectorate of VGCL: not exceeding 15 members.
- Inspectorate of confederation of province, central or equivalent trade union: not exceeding 11 members.
- Inspectorate of superior trade union: not exceeding 9 members.
- Inspectorate of grassroots trade union or professionally based union: not exceeding 7 members (affiliated grassroots trade union, affiliated trade union and affiliated professionally based union shall not have inspectorates). The grassroots trade union or professionally based union having under 30 unionists shall appoint a member of the executive board to carry out inspections.
28.3. Standards of inspectors: Inspectors shall utilize the standards same as those of the executive board at the same level, have knowledge of law, economics, financial management, etc. and have qualifications and experience of conducting inspections.
The official or unionist that is head or deputy head of the finance department of the trade union; chief accountant, account holder or person authorized to be the account holder of the trade union at the same level shall not be appointed to participate in the inspectorate.
28.4. The tenure of the inspectorate shall be the tenure of the executive board at the same level. The time for operating a provisional inspectorate shall not exceed 12 months.
If the congress fails to be organized after 12 months, the superior trade union shall consider making a physical decision on giving an extension for operating the provisional inspectorate provided that it does not exceed 6 months, or dissolve the old provisional inspectorate and assign a new one.
28.5. Heads of inspectorates of provinces, central and equivalent trade unions shall be eligible trade union officials.
28.6. Election of deputy heads of inspectorates
a. Deputy heads of the inspectorate shall be elected from members of the inspectorate.
b. In the cases where the first congress of the executive board has decided the number and structure of deputy heads of the inspectorate, within 15 days from the closing date of such congress, head of the inspectorate shall convene the first congress of the inspectorate to elect deputy heads thereof.
c. If the election of additional deputy heads of the inspectorate exceeds the number of that decided by the first congress of the executive board of trade union, it is required to obtain a physical approval from the superior trade union.
28.7. The inspectorate, head and deputy head thereof shall be recognized by the superior trade union. The inspectorate of the VGCL shall be recognized by the executive board thereof. The transfer of head of the inspectorate to be responsible for other tasks shall be requested to the superior trade union for approval.
28.8. Election of additional members of inspectorates or unparticipating in inspectorates:
a. If there is any lack of members, head or deputy head, the inspectorate shall inform the executive board and follow procedures for an additional election.
b. The inspector that is a member of the inspectorate but no longer conducts inspections shall unparticipate in the inspectorate.
c. Unparticipating and election of additional members and titles of inspectorates of trade unions shall be as same as those of executive boards of trade unions.
29. Responsibilities of inspectorates of trade unions mentioned in Article 41:
29.1. The inspectorate shall assist the executive board and the standing committee in developing inspection plans and carry out inspections on schedule.
29.2. The inspectorate shall actively investigate, detect, conduct inspections and report promptly when any violation against the Charter, resolutions, directives or regulations of the trade union committed by the organization, official or unionist at the same level or low level is found.
29.3. The inspectorate shall actively inspect collection, transfer, use or management of finance, property and economic activities of the trade union at the same level and lower level in accordance with regulations of law and the trade union.
29.4. The inspectorate shall assist the standing committee or the executive board in cooperating with state authorities in settling complaints that are beyond the trade union’s competence.
29.5. The inspectorate shall operate in conformity with regulations issued by the executive board at the same level.
29.6. The inspectorate of the superior trade union shall provide annual refresher courses and guidance on profession for members of its inspectorate and head, deputy head and officials responsible for conducting inspections of the inferior trade union.
29.7. The inspectorate's member responsible for conducting inspections in the grassroots trade union having under 30 unionists shall:
- receive and research or request the executive board or the standing committee of the grassroots trade union to settle complaints in compliance with regulations of law and the VGCL.
- detect and advise or request the executive board or the standing committee of the grassroots trade union to make inspection plans when any violation against the Charter is found, inspect management of finance or property of the trade union.
30. Rewards mentioned in Article 43:
30.1. The request for rewards of the trade union shall comply with the provisions of the Law on Emulation and commendation, written guidance and regulations on rewards issued by the VGCL.
30.2. Trade union officials having merits shall be considered rewarding or granting trade union medals in accordance with regulations of the presidium of VGCL.
31. Disciplines imposed upon trade unions, officials or unionists thereof mentioned in Article 44:
31.1. Disciplines imposed upon a trade union, official or unionist thereof shall ensure democracy and publicity.
31.2. Disciplines imposed upon the trade union official:
a. The official occupying multiple positions in multiple levels of trade unions and committing violations against regulations thereof shall be imposed disciplines by the highest-level superior trade union.
b. The official not occupying any elected position in the trade union and committing violations against disciplines shall be handled under regulations of law.
31.3. Disciplines imposed upon the unionist committing violations against the Charter shall be requested by the congress of trade union team, the executive board of the grassroots trade union shall consider deciding when the unionist does not attend 50% of the number of sessions or not pay for union fees for 6 consecutive months without any legitimate reasons.
31.4. Application for imposing disciplines consists of:
- An application form and written request made by the trade union team congress or the executive board of trade union.
- A statement made by the violator.
- Other decisions on disciplines imposed upon the violator (if any).
31.5. Recognition of the violator after taking actions against violations: After 3 months from the day on which the decision on imposing disciplines is given, the violator that takes actions against violations actively shall be entitled to present clearly his/her process of such actions before the trade union team. The trade union team shall request the executive board of grassroots trade union for consideration. The congress of the executive board of trade union shall consider recognizing in writing (the decision on imposing disciplines shall be removed by the level issuing it).
31.6. Consideration of and compliance with disciplines
- Consideration of the decision or request on imposing disciplines shall be implemented through casting ballots. If the casting of ballots does not account for more than 50% (over the total number of collected ballots) of the accepted ballots or disciplines, it is required to report all election results to the superior trade union. The trade union shall have the rights to conclude the decision on imposing disciplines, shall promptly publish or authorize the inferior trade union to publish the decision within 15 days from the day on which the decision is given.
- The trade union shall report and request a competent trade union to consider deciding to impose disciplines upon the violator beyond its competence.
- The violator shall strictly comply with such decision. The violator shall be entitled to file a complaint if disagreeing but shall strictly comply with the published decision on imposing disciplines when the competent trade union has not decided.
- If the inferior trade union fails to take actions against disciplines, the superior trade union shall consider taking actions in accordance with procedures specified in regulations of law and consider responsibilities of such trade union.
- The dismissed chairperson or vice chairperson shall still be the member of the standing committee; the dismissed member of the standing committee shall still be the member of the executive board; the dismissed member of the executive board shall be neither the chairperson, vice chairperson nor the member of the standing committee. The unionist that is expelled from the trade union shall no longer be the trade union official.
- The prescriptive period of imposing the discipline shall be 24 months from the day on which the violation is committed.
- The time limit for imposing the discipline from the day on which the violation is detected to the day on which the decision on imposing the discipline is given shall be 2 months. If the case has complex circumstances, such time limit may be prolonged provided that it does not exceed 4 months.
32. Compliance with the Charter mentioned in Article 45:
Trade unions and unionists shall strictly comply with the Charter and this Guidance. Any issue arising during the course of implementation of this Guidance shall be reported to the presidium of VGCL.
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| ON BEHALF OF THE PRESIDIUM |
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Guidance No. 238/HD-TLD dated March 04, 2014 on implementation of the Charter of Vietnam Trade Union
- Số hiệu: 238/HD-TLD
- Loại văn bản: Hướng dẫn
- Ngày ban hành: 04/03/2014
- Nơi ban hành: Tổng liên đoàn Lao động Việt Nam
- Người ký: Đặng Ngọc Tùng
- Ngày công báo: Đang cập nhật
- Số công báo: Dữ liệu đang cập nhật
- Ngày hiệu lực: 04/03/2014
- Tình trạng hiệu lực: Chưa xác định