Foreigners working in Vietnam with labor contracts of 12 months or more are allowed to join trade unions.

On November 27, with 443/456 National Assembly delegates participating in the vote in favor, the National Assembly passed the Trade Union Law (amended).

Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh presented a report explaining, accepting and revising the draft Trade Union Law (amended) before the National Assembly voted to pass the draft Law.

Accordingly, regarding the right to establish, join and operate trade unions (Article 5), the Standing Committee of the National Assembly believes that: Trade unions are "large socio- political organizations of the working class and laborers", under the leadership of the Party, therefore, the establishment, joining and operation of trade unions must be regulated to ensure strict, synchronous and unified assurance in the legal system but must also ensure attracting workers and labor organizations at enterprises to join the Trade Union and meet the requirements of international integration, meeting the practical requirements of the development process. In response to the opinions of National Assembly deputies, the Standing Committee of the National Assembly has directed the revision of Article 5 of the draft Law on the establishment and joining of Trade Unions by Vietnamese workers and the joining of Trade Unions by foreign workers. At the same time, the National Assembly Standing Committee requested the Vietnam General Confederation of Labor to soon have synchronous solutions to promote the nature, role and responsibility of union members and union organizations in the new era as suggested by National Assembly deputies.

According to the draft Law, Vietnamese workers have the right to establish, join and operate trade unions; Foreign workers working in Vietnam under labor contracts with a term of 12 months or more are allowed to join and operate trade unions at grassroots trade unions; The establishment, joining and operation of trade unions shall comply with the provisions of the Charter of the Vietnam Trade Union, this Law and other relevant legal provisions.

Regarding the proposal to have stricter regulations on the conditions for foreign workers to join the trade union, the Standing Committee of the National Assembly found that: Clause 5, Article 4 stipulates that “Trade union officials are Vietnamese citizens who are elected, recruited, appointed, and designated to perform the tasks of the Trade Union organization”, including full-time trade union officials and part-time trade union officials. For foreign workers who join the Trade Union, they are not allowed to run for election, accept nominations to be trade union officials, and only participate in trade union activities at the grassroots trade union.

Ms. Nguyen Thuy Anh explains before the National Assembly (Photo: Quang Vinh)

Clause 7, Article 10 also prohibits “Taking advantage of trade union rights to violate the law, infringe upon the interests of the State, the legitimate rights and interests of agencies, organizations, units, enterprises and individuals”. Clause 3, Article 5 stipulates “The establishment, joining and operation of trade unions shall comply with the provisions of the Charter of the Vietnam Trade Union, this Law and other relevant legal provisions”.

From the above analysis, according to the Standing Committee of the National Assembly, the conditions of voluntariness, approval of the principles and purposes of the Trade Union or the length of residence in Vietnam will be specifically stipulated in the Charter of the Vietnam Trade Union and will be specifically guided by the Vietnam General Confederation of Labor . Therefore, the Standing Committee of the National Assembly requests the National Assembly to keep it as stipulated in the draft Law.

Regarding the joining of the Vietnam Trade Union by the organization of employees at enterprises (Article 6), taking into account the opinions of delegates, the proposals of the Drafting Agency and the opinions of the Government, to ensure unity and synchronization in the direction of the entire Trade Union system, the Standing Committee of the National Assembly has directed the adjustment in the direction of supplementing the authority of the central and equivalent industry trade unions in recognizing the organization of employees at enterprises to join the Vietnam Trade Union in Clause 2 and adjusting Clause 3, Article 6.

At the same time, the National Assembly Standing Committee requested the Vietnam General Confederation of Labor to: Unify direction, provide specific guidance, and have appropriate solutions during the implementation process; Supplement regulations in the Charter of the Vietnam Trade Union on conditions, standards, and procedures for examining and strictly verifying the legality and compliance with the law of representative organizations of employees at enterprises as well as the qualifications and conditions of members when joining the Trade Union.

Explaining the proposal to clarify the legal status of the organization of employees at the enterprise when joining the Vietnam Trade Union, whether this organization must dissolve, reorganize, change its position, functions, and tasks or not?, the Standing Committee of the National Assembly found that: Point a, Clause 3, Article 6 clearly stipulates that when joining the Vietnam Trade Union, this organization naturally ceases to operate as an organization of employees at the enterprise and this organization no longer exists; Clause 4, Article 6 stipulates principles and assigns the Vietnam General Confederation of Labor to guide the implementation of joining the Trade Union of the organization of employees at the enterprise; The content as stated by the National Assembly delegate's opinion will also be specified in detail by the Government according to the provisions of Clause 2, Article 172 of the 2019 Labor Code. Therefore, the Standing Committee of the National Assembly requests the National Assembly to keep it as stipulated in the draft Law.

“Regarding Trade Union supervision (Article 16), In response to the opinions of National Assembly deputies, to make the provisions of the draft Law clear, coherent, easy to understand, easy to implement and avoid understanding Trade Union supervision as supervision of state power, at the same time, ensuring consistency and synchronization in the legal system (including the Law on Implementing Democracy at the Grassroots Level), the National Assembly Standing Committee has directed to make the revisions more coherent, clear and easy to understand in Article 16 in Clause 1, Clause 2, Point b Clause 5, Point e Clause 6 and Point e Clause 7” - Ms. Anh explained.

Source: https://daidoanket.vn/nguoi-nuoc-ngoai-lam-viec-tai-viet-nam-co-hop-dong-lao-dong-tu-du-12-thang-tro-len-duoc-gia-nhap-cong-doan-10295357.html