Recommended actions
The Draft has introduced various amendments, which could have a significant impact if eventually adopted. Enterprises should review changes proposed under the Draft to adequately prepare for upcoming legislative updates.
We will continue to monitor developments in the Draft's adoption and provide relevant updates. In the meantime, please do not hesitate to contact us if you have any questions.
In more detail
Below is a summary of key takeaways from the Draft:
- Recognition of the existence and operation of employees' organizations (alongside the traditional VGCL trade union system)
The concept of "employees' organizations at enterprises," as first introduced in the Labor Code 2019, has now been explicitly addressed in the Draft, which grants employees' organizations the right to join the trade union system.
- Option to allow foreign employees to join trade unions
This is still an unresolved issue that may be subject to further consideration by the National Assembly.
- Expanded trade union supervision rights
This right is already provided for in the current Law on Trade Union 2012, which refers to trade union rights to join the inspection, examination and supervision activities of state authorities. However, the Draft proposes to separate content relating to the trade union supervision function into a new article, with novel guidance points added.
Specifically, the Draft states that trade union supervision can be implemented in coordination with relevant state authorities, or if requested by the Vietnam Fatherland Front Committee. Further, trade unions can request enterprises or organizations to provide information and documents during supervisions, and request that relevant state authorities consider sanctioning enterprises or organizations that have committed violations.
- Cases where employer trade union fees may be waived or reduced
Specifically, trade union fee contributions can be waived or reduced if an employer encounters difficulties due to a natural disaster, fire or epidemic, which causes a temporary cessation of production or business.
- Two added options for the management and use of trade union finances
The first option states that trade union fees will be fully allocated to grassroots employees' representative organizations (i.e., a trade union or employees' organization at an enterprise), if any. Although the Draft does not elaborate on this point, we understand that the intention is that if there is no grassroots employees' representative organization, the upper-level trade union will then manage the fees.
The second option provides that 25% of trade union fees will be managed and used by the upper-level trade union, while the remaining 75% will be distributed between an enterprise's trade union and employees' organization at the enterprise, according to the following four scenarios:
- If there is only a trade union: the trade union can receive the remaining 75% in full.
- If there is only an employees' organization: the organization can receive fees corresponding to the number of its members in proportion to the number of employees from whom fees are collected.
- If there are both: the trade union can receive the remaining 75%, minus the fees distributed to the employees' organization as per item (ii) above.
- If neither of them are in place: the upper-level trade union can keep all fees, and will return any unused amounts to the grassroots trade union or employees' organization upon establishment, in accordance with the above.
- Introduction of "industrial unions" as grassroots-level organizations under the VGCL system
Industrial unions involve employees working in the same sector, the same occupation, or other specific employees. However, the Draft has not yet provided any governing regulations for industrial unions.
- Updates to prohibited acts
Notable examples of added prohibitions [for employers] include: (i) clarified acts discriminating against or disadvantaging employees due to trade union establishment, participation or operation; and (ii) acts relating to insufficient payment of trade union fees.
- Further additions
The Draft has also proposes further provisions in relation to the ability of trade unions to comment on draft laws or policies relating to the rights of trade union members and employees (via a social feedback function), as well as trade union obligations to publicize finances.
As these practices have already been implemented, the inclusion of these provisions can merely be seen as an official acknowledgement of such practices.
