What are trade unions in Vietnam? Can foreigners join trade unions in Vietnam? Can foreigners working with a work permit join a union? Let us learn about this topic with LSX Law firm below:
Legal grounds
Article 10 of the 2013 Constitution
Charter of Vietnam Trade Union 2013
Guideline 238/2014/ND-TLD
What are trade unions in Vietnam?
Vietnam’s trade union organization is an organization that plays an essential role in socio-political activities and especially for workers. However, in reality, not everyone knows the role of the Trade Union; many people misunderstand the role of trade unions and trade unions are; “overshadowed” compared to other agencies (courts, police, etc.) in protecting workers’ rights.
Article 10 of the 2013 Constitution of the Socialist Republic of Vietnam stipulates as follows:
Accordingly, the trade union is established on the voluntary basis of the working class, knowledge, and workers. It is a socio-political organization of the working class and workers, taking care of protecting employees’ legitimate rights and interests.
In addition, the union also represents the workers; participate in supervising, examining, and inspecting activities of state agencies, organizations, units, and enterprises on employee rights and obligations. In addition, the trade union also propagates and mobilizes workers to study, practice; unite, obey the law, improve professional qualifications and skills, and build and defend the Fatherland.
Can foreigners join trade unions in Vietnam?
Firstly, the people who are allowed to join the trade union are Vietnamese workers working in State agencies; political organizations, socio-political organizations; socio-political-professional organizations; socio-professional organizations; also units, enterprises, cooperatives, and other organizations that employ employees according to the provisions of the law on labor; Foreign agencies, organizations and international organizations operating in the Vietnamese territory (in the future collectively referred to as agencies; organizations, and enterprises); additionally, Vietnamese legal freelancers regardless of occupation, gender; creed, agree to the Charter of Vietnam Trade Union; voluntarily live in a grassroots organization of the Trade Union, pay union fees according to regulation.
Thus, a person who wants to join a trade union must first be a Vietnamese worker working in the Vietnamese territory.
In addition, according to the provisions of the Vietnam Trade Union Charter 2013; and the Guideline 238/2014/ND-TLD dated March 4, 2014, stipulating the subjects not admitted to the Trade Union organization include:
Firstly, foreign nationals working in Vietnam.
Secondly, the business owner, the chairman of the board of directors, the chairman of the members’ council; the general director, the director; also the person authorized to manage the enterprise or sign a labor contract with employees in the enterprise in the non-state sector or foreign-invested sector; including vice chairman of the board of directors, deputy general manager, deputy director, director of human resources.
Furthermore, the principal, vice principals; and deputy directors are authorized to manage the unit or sign labor contracts with employees in non-public non-business units.
Moreover, members in agricultural cooperatives;
Finally, who is serving prison sentences as determined by the court;
Thus, foreigners are not allowed to join trade unions.
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Related questions
Pursuant to the 2012 Law on Trade Union stipulating the role of trade unions in labor relations: Performing the role of representing and protecting the legitimate rights and interests of trade union members and employees: Assisting employees in signing labor contracts, advising employees on their rights and obligations in the contracts they sign, to ensure the interests of employees. Help employees avoid legal risks when they do not understand the content of the contract and violate it.
The establishment of a trade union is voluntary, so employees in enterprises, agencies and organizations have the right to establish, join and operate as long as they comply with the provisions of the Trade Union Law and relevant laws. .
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