CHARTER
OF VIETNAMESE TRADE UNION
(PASSED BY THE 11TH VIETNAMESE TRADE UNION CONGRESS ON JULY 30, 2013)
Preface:
The Vietnamese Trade Union originated from the Red Workers' General Union in Northern Vietnam, established on July 28, 1929, and is now the Vietnam General Confederation of Labour.
The Vietnam General Confederation of Labour (“VGCL”) is a large socio-political organization of the working class, officials, public employees, workers and other types of workers (hereinafter collectively referred to as “workers”) and voluntarily established with an aim to assembling and joining forces for the development of the Vietnamese working class.
The VGCL has the nature of the working class and the mass; is a member of the political system under the leadership of the Communist Party of Vietnam; has cooperative relation with the State and coordinating relation with socio-political organizations and other social organizations; and operates under the Constitution and law of the Socialist Republic of Vietnam.
Functions of the VGCL include: Protecting the legal and legitimate rights and interests of workers on their behalf; participating in state management, economic-social management, participating in inspection and supervision of operations of regulatory bodies, organizations, units and economic entities; educating and encouraging workers to learn and improve their professional skills and qualifications, comply with the law and contribute to the construction and defense of the Fatherland.
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Chapter I
TRADE UNION MEMBERS AND TRADE UNION OFFICIALS
Article 1. Candidates and requirements for membership of Vietnamese Trade Union
Vietnamese workers of regulatory bodies, political organizations, socio-political organizations, socio-professional political organizations, socio-professional organizations, units, enterprises, cooperatives, other organizations employing workers as prescribed in occupational regulations, foreign bodies and organizations, international organizations operating in Vietnam (hereinafter collectively referred to as “regulatory bodies, organizations, enterprises”); and Vietnamese legal freelance workers, regardless of occupation, gender, religion, if they approve of the Charter of Vietnamese Trade Union, voluntarily participate in activities of a grassroots trade union and pay trade union fees according to regulations, are eligible for Trade Union membership.
Article 2. Procedures for admission and recognition of trade union members and transfer of trade union
1. Procedures for admission and recognition of trade union members
a. Persons applying to the Trade Union shall submit a voluntary application. Executive boards of grassroots trade unions or superior trade unions shall decide on admission or recognition of trade union members and issuance of trade union membership card.
b. If there is no grassroots trade union yet, workers shall submit their application to the board for establishment of grassroots trade union of their workplace or to an official of a superior trade union for decision on admission or recognition.
2. Transfer of grassroots trade union:
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3. When a member would like to withdraw from the Trade Union, the executive board of grassroots trade union or superior trade union shall remove the name and revoke the trade union membership card of said member.
Article 3. Rights of trade union members
Trade union members shall have the rights to:
1. Participate in establishment of grassroots trade unions and join trade union activities as prescribed herein.
2. Request representation and protection from the Trade Union for legal and legitimate rights and interests upon violation of such rights and interests.
3. Receive information, discuss, propose and vote on trade union activities; propose that the Trade Union recommends worker-related regimes, policies and regulations to employers; receive information on regulations of the Trade Union, guidelines of the Communist Party, policies and law of the State related to the Trade Union and workers.
4. Self-nominate, nominate and elect leadership bodies of the Trade Union; question trade union officials; request disciplines be imposed upon trade union officials who commit violations. Exemplary members will be introduced by the Trade Union to be considered for admission to the Communist Party or election to leadership bodies of the Communist Party (if they are members of the Communist Party), of the State and other socio-political organizations.
5. Be offered guidance, advice and support on regulations related to trade unions and occupation from the Trade Union free-of-charge; be represented by the Trade Union in occupational cases to protect legal and legitimate rights and interests as prescribed by law.
6. Be offered guidance and assistance with apprenticeship and/or employment; prioritized for enrollment to schools and/or classes organized by the Trade Union; offered support during time of sickness or difficulty; entitled to cultural, sports and travel activities organized by the Trade Union.
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Article 4. Duties of trade union members
Duties of trade union members include:
1. Fulfilling citizen obligations well, living and working in compliance with the Constitution and law, contributing to the construction and protection of the Fatherland.
2. Conforming to and implementing the Charter of Vietnamese Trade Union and Resolutions of trade unions, participating in trade union activities, paying trade union fees, building the Trade Union into a strong and stable organization.
3. Continuously learning to improve political qualifications and professional knowledge and skills; fostering the qualities of the working class.
4. Upholding solidarity, assisting colleagues with improving performance and professional skills and qualifications; collaborating in caring for and protection of the legal and legitimate rights and interests of workers and the Trade Union.
Article 5. Trade union officials
Trade union officials include:
1. Trade union officials are persons holding titles of deputy leaders of trade union teams and higher positions elected via voting in trade union congresses or trade union conferences; designated, recognized or appointed or assigned regular tasks to perform the functions and fulfill the duties of the Trade Union by competent trade union level.
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Full-time officials are persons in charge of regular tasks in the Trade Union, elected via voting in trade union congresses or conferences of all levels, or designated or appointed by competent trade union level.
b. Part-time officials are persons working on a part-time basis, elected into titles of deputy leaders of trade union teams or higher positions via votes of confidence from trade union members and recognized or designated by competent trade union level.
Article 6. Duties and powers of trade union officials
In addition to the duties and rights of trade union members, trade union officials shall carry the following duties and powers:
1. Duties of trade union officials are:
a. Keeping close relation with trade union members and workers; respecting the opinions of trade union members and workers. Reporting to and exchanging information between trade union levels, between workers and employers or representatives of employers.
b. Organizing dialogues between workers and employers of regulatory bodies, units, enterprises or between the Trade Union and representatives of employers.
c. Developing trade union members and building grassroots trade unions into strong and stable units.
d. Fighting against actions that violate guidelines of the Communist Party, policies and law of the State and Resolutions of trade unions of all levels.
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2. Powers of trade union officials are:
a. Being legal or authorized representatives of workers, protecting the legal and legitimate rights and interests of workers.
b. Being entitled to the rights of trade union officials in occupational relations according to occupational regulations and regulations of the Trade Union.
c. Organizing and acting as leaders of strikes as prescribed by law.
d. Being enabled to perform trade union tasks in regulatory bodies, organizations, enterprises in accordance with the Trade Union Law; entitled to protection, assistance and support when facing difficulties during the performance of assigned tasks.
dd. Participating in training and refresher courses to improve trade union operation.
e. Be entitled to regimes and policies as prescribed by the Communist Party, the State and the Trade Union.
g. Part-time officials who are eligible and wish to become full-time officials shall be prioritized for consideration upon request for recruitment of full-time officials.
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Article 7. Organization and operation principles
1. The Vietnamese Trade Union is organized and operated according to the principles of democratic centralism. Leadership bodies of all trade union levels are elected by voting.
2. The highest decision-making authority of each trade union level is its trade union congress. The leadership body of each trade union level between two congresses is the executive board.
3. Executive boards of trade unions of all levels operate based on the principles of collective leadership, individual accountability, majority rule, command hierarchy and obedience to organization.
4. Resolutions of trade unions of all levels shall be passed by majority rule and must be strictly implemented.
Article 8. Badge of Trade Union
1. The following specimen of the Trade Union badge shall be used for trade unions of all levels:
2. Basic characteristics of the Trade Union badge:
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b. Above the gear is the Vietnamese flag, which is bright red and has a bright yellow star in the middle.
c. A black caliper is placed inside the industrial gear on a blue background.
d. A white book is placed at the front and in the middle, under the gear.
dd. The base of the globe has the “TLĐ” letters on a worker-blue stylized strip.
e. The longitudes and latitudes of the globe are white and placed on a yellow metallic background.
The VGCL is a unified organization and consists of the following basic levels:
1. The VGCL as the central level.
2. Federations of Labor of provinces and central-affiliated cities, national sector and equivalent trade unions (hereinafter collectively referred to as “province-level and equivalent Federations of Labor”).
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4. Grassroots trade unions and workplace unions (hereinafter collectively referred to as “grassroots trade unions”).
Article 10. Congresses of trade unions of all levels
1. Duties of congresses of trade unions of all levels:
Duties of congresses of trade unions of all levels shall include:
a. Discussing and approving of reports of executive boards; deciding on orientations of the duties of trade unions for the next tenure.
b. Participating in formulation of documents of congresses of superior trade unions.
c. Electing new executive boards and electing delegates for congresses of superior trade unions.
d. Approving of the Charter of Vietnamese Trade Union (for Vietnamese Trade Union Congress).
2. Tenure of congresses of trade unions of all levels:
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b. In special cases, with approval from superior trade unions, congresses of trade unions of all levels may be held sooner or later, but no later than 12 months for congresses held every 5 years and no later than 6 months for congresses held twice every 5 years. The VGCL shall decide on Vietnamese Trade Union Congresses.
3. The executive board of each level shall decide on the number of delegates and invite such delegates to its congress as prescribed by the presidium of the VGCL. Official delegates of congresses of trade unions of each level shall include:
a. Current members of the executive board.
b. Delegates elected by subordinate trade unions.
c. The number of designated delegates shall not exceed three percent (3%) of the total number of invited official delegates.
4. Delegates of a trade union congress must have their status of delegate recognized by such congress via voting. In case a delegate is disciplined in the form of reprimand or heavier, the executive board shall call on the delegate, decide on the status of delegate thereof and report to the congress. Persons who are being prosecuted or in detention are not eligible for delegation.
Article 11. Conference of delegates and plenary conference
1. The executive board of a trade union may convene a conference of delegates or plenary conference in case of necessity, with approval from the executive board of the superior trade union.
2. The number of delegates shall be decided on by the executive board that convenes the conference. Delegates of the conference must have their status of delegate recognized by the conference via voting. The delegates shall include:
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b. Delegates elected by subordinate congresses (if such congresses coincide with conference of delegates/plenary conference) or subordinate conferences of delegates or plenary conferences. In case such subordinate conferences fail to take place, with approval from the superior trade union, the delegates shall be elected via a conference of the executive board.
c. The number of designated delegates shall not exceed three percent (3%) of the total number of invited official delegates.
3. Contents of conference of delegates and plenary conference:
a. Reviewing the implementation of Resolutions of congresses; supplementing orientations for the duties and operation programs of trade unions if necessary.
b. Participating in formulation of documents of superior trade union congresses.
c. Strengthening executive boards and electing delegates for congresses or conferences of delegates of superior trade unions (if any).
1. A trade union congress or conference is valid when at least two-thirds (2/3) of the invited delegates are present.
2. Leadership bodies of trade unions of all levels and delegates of superior trade union congresses are elected by ballot.
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Article 13. Executive boards of trade unions of all levels
1. An executive board is a leadership body between two congresses of each level of trade union, elected by a congress of trade union of such level. The executive board of a trade union must be recognized by the executive board of its superior trade union.
a. If needed, the superior trade union has the rights to appoint additional members of the executive board and titles of the standing body of the executive board of its subordinate trade unions.
b. For establishment, division or merger of trade unions or units/enterprises yet to have a trade union, the superior trade union shall designate a provisional executive board, appoint additional members of a provisional executive board or recognize an executive board.
The operating period of a provisional executive board of trade union shall be no longer than 12 months.
2. The executive board of trade union of a level is the representative of trade union members and workers of that level. For regulatory bodies, organizations, enterprises that have yet to establish a grassroots trade union, the executive board of the superior trade union shall exercise the rights and fulfill the obligations of representation and protection of the legal and legitimate rights and interests of workers at the request of the workers thereof.
3. The number of members of the executive board of a trade union shall be decided on by its congress and shall not exceed the number prescribed by the presidium of the VGCL.
a. When there is any lack of member of the executive board of a level, the conference of delegates, plenary conference or executive board of such level shall carry out supplementary election. For superior trade unions, the number of supplementary executive board members of a congress tenure shall not exceed one-third (1/3) of the number of executive board members elected by the congress. For grassroots trade unions, such number shall not exceed half (1/2) of the number of executive board members elected by the congress.
b. Special cases where the number of supplementary executive board members exceeds the number prescribed in point a, clause 3 of this article or exceeds the number approved by a congress are subject to approval from the superior trade union as prescribed by the presidium of the VGCL. The executive board of the VGCL shall decide on cases where the number of supplementary members of the executive board of the VGCL exceeds the number approved by the National Trade Union Congress, but such number shall not exceed three percent (3%) of the number of executive board members elected by the National Trade Union Congress.
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d. In case a member of the executive board is a full-time trade union official, upon end of full-time trade union service but still working in the same occupation or locality/unit, the executive board of the trade union of that level shall decide on executive board participation of such person or request the decision of the superior trade union.
dd. In case an executive board member submits an executive board resignation letter, the executive board of the trade union of that level shall consider such request and acquire the decision of the superior trade union. The executive board of the VGCL shall decide on resignation of its members.
4. Duties of executive boards of trade unions of all levels include:
a. Electing titles of executive boards, inspection committees and heads of inspection committees of trade unions.
b. Organizing the implementation of Resolutions of congresses of trade unions of the same level.
c. Implementing Directives and Resolutions of the Communist Party and superior trade unions.
d. Providing guidance and inspecting operations of subordinate trade unions.
dd. Providing training and refresher courses for trade union officials and enabling their operation; providing guidance, supporting, intervening and protecting trade union officials upon violation of their legal and legitimate rights and interests; superior trade unions shall assist grassroots trade unions with exercising the rights to organize and act as leaders of strikes as prescribed by law.
e. Periodically reporting operations of trade unions of their level to executive committee of the Communist Party of the same level and superior trade unions and informing subordinate trade unions.
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5. Periodical conferences of executive boards of trade unions of all levels:
a. Executive board of the VGCL, executive boards of province-level Federations of Labor, executive boards of national sector and equivalent trade unions shall convene on a semi-annual basis. Ad hoc conferences may take place if necessary.
b. Executive boards of superior trade unions shall convene at least twice a year.
c. Executive boards of grassroots trade unions and affiliates of grassroots trade unions shall convene at least once every three months.
Article 14. Powers of executive boards on organizational structure
Based on duties, powers, financial capacity and regulations of the presidium of the VGCL, the executive board of trade unions of all levels shall report to the executive committee of the Communist Party of the same level (if any) before deciding on organizational structure; inform specialized authorities, enterprise owners or governmental authorities of the same level for fulfillment of related responsibilities as prescribed by law.
Article 15. Presidium of the VGCL, standing committees of trade unions of all levels
1. The presidium of the VGCL and standing committees of trade unions of all levels are the standing bodies of the executive board of each level. The presidium (standing committee) of a trade union level shall be elected by the executive board thereof. The number of members of a presidium (standing committee) of a trade union level shall not exceed one-third (1/3) of the total number of executive board members thereof, including the chairperson, deputy chairpersons and members.
2. The presidium of the VGCL shall prepare contents for executive board conferences, organize the implementation of the Resolution of the executive board of the VGCL. The presidium of the VGCL may issue Resolutions, Decisions, etc. for organizing the implementation of the Resolution of the National Trade Union Congress and Resolution of the executive board of the VGCL; directly manage the operation of the VGCL and affiliates thereof; representing trade union members and workers to recommend matters related to workers and trade unions to the Communist Party and the State.
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4. The chairperson is the head and legal representative of an executive board, responsible for managing the operation of the presidium (standing committee).
When requested by more than half (1/2) of the congress delegates, the grassroots trade union congress may directly elect the chairperson of the grassroots trade union among the members of the new executive board elected by the congress.
When there is a lack of the chairperson, deputy chairpersons or members of the presidium of the VGCL, the executive board of the VGCL shall elect these positions from the members of the executive board of the VGCL at the request of the presidium of the VGCL.
When there is a lack of the chairperson, deputy chairpersons or members of the standing committee of a trade union, the trade union shall request its superior trade union for the permission to elect these positions from the members of its executive board.
GRASSROOTS TRADE UNIONS AND WORKPLACE UNIONS
Article 16. Requirements on establishment and types of grassroots trade unions
1. Requirements on establishment of grassroots trade unions
a. Grassroots trade unions are grassroots organizations of the Trade Union, established in regulatory bodies, organizations, enterprises when there are at least five trade unions members or five workers who voluntarily apply to the Vietnamese Trade Union.
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2. Types of grassroots trade unions and workplace unions:
a. Grassroots trade unions/workplace unions that have no trade union team/workplace union team.
b. Grassroots trade unions/workplace unions that have trade union teams/workplace union teams.
c. Grassroots trade unions/workplace unions that have affiliated trade unions/workplace unions.
d. Grassroots trade unions that have affiliated grassroots trade unions.
3. Superior trade unions shall decide on dissolution of grassroots trade unions and workplace unions that fail to meet the requirements on establishment and operation.
Article 17. Procedures for establishment of grassroots trade unions
1. Workers establishing grassroots trade unions:
a. Workers shall organize a board for establishment of grassroots trade union in regulatory bodies, organizations, enterprises and be provided with assistance with dissemination, encouragement, guidance and support by the superior trade union.
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b. When the number of workers approving the Charter of Vietnamese Trade Union and voluntarily participating in the Trade Union meets the provisions in clause 1, Article 16 herein, the board for establishment of grassroots trade union shall organize the conference for grassroots trade union establishment as prescribed herein.
c. The conference for grassroots trade union establishment shall publish the list of workers applying to the Trade Union; announce establishment of grassroots trade union and elect the executive board thereof.
d. Within 15 days, starting from the date of completion of the conference for grassroots trade union establishment, the executive board of the grassroots trade union shall submit an application for recognition of the trade union members and grassroots trade union to the superior trade union.
dd. Operation of the grassroots trade union and its executive board is legal starting from the time of recognition decision of the superior trade union.
2. Responsibilities of the superior trade union in grassroots trade union establishment include:
a. Assigning trade union officials to regulatory bodies, organizations, enterprises to disseminate, encourage, provide guidance on and support workers with joining the Trade Union; providing guidelines and assistance to workers for organization of the board for establishment of grassroots trade union.
b. Deciding on recognition of trade union members and grassroots trade union within 15 days, starting from the date of receipt of application for recognition from the grassroots trade union prescribed in point d, clause 1 herein. A written notification must be sent to the applicant if the application is rejected.
c. In case workers are unable to organize the board for establishment of grassroots trade union or request the superior trade union to establish a grassroots trade union, the superior trade union shall be responsible for encouraging workers to join the Trade Union and carry out procedures for grassroots trade union establishment such as decisions on member admission and grassroots trade union establishment, assignment of provisional executive board and inspection committee and titles thereof.
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1. Disseminating guidelines of the Communist Party, policies and law of the State and duties of the Trade Union. Encouraging trade union members and workers to improve their political, legal, scientific-technical, specialized and professional qualifications and knowledge.
2. Cooperating with heads of regulatory bodies and units in organizing the implementation of democracy, organizing conferences of officials thereof; assigning representatives to councils for consideration and fulfillment of rights of trade union members and workers. Providing guidance and assistance to workers for concluding labor contract and working contract. Cooperating with heads of regulatory bodies and units in improving working conditions and caring for daily life of trade union members and workers, organizing cultural, sports and social activities for trade union members and workers.
3. Inspecting and supervising the implementation of regimes, policies and law, ensuring rights of trade union members and workers. Acting against corruption, social evils and wastage. Detecting and participating in settlement of complaints, denunciations and occupational disputes and exercising the rights of grassroots trade unions as prescribed by law.
4. Organizing the encouragement for trade union members and workers of regulatory bodies and units to participate in patriotic emulation movements and for officials, public employees and workers to fulfill the obligations related to management of such bodies and units, improvement of working manners and administrative procedures so as to improve work quality and performance.
5. Developing and managing trade union members; building grassroots trade unions into strong and stable units and participating in building the Communist Party.
6. Managing trade union finance and property according to the law and regulations of the VGCL.
Article 19. Duties and powers of grassroots trade unions of state-owned enterprises
Duties and powers of grassroots trade unions of state-owned enterprises include:
1. Disseminating guidelines of the Communist Party, policies and law of the State, duties of the Trade Union and obligations of workers; encouraging workers to comply with policies and law of the State, rules and regulations of enterprises and perform assigned tasks well.
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3. Compiling legitimate and legal requests and wishes of trade union members and workers; organizing dialogues between workers and enterprise directors; providing guidance on concluding labor contract and working contract to workers; assigning representatives to councils for consideration and fulfillment of rights of trade union members and workers; cooperating with directors in unemployment alleviation, improvement of working conditions, healthcare for workers, increasing income, quality of life and benefits for trade union members and workers; encouraging trade union members and workers to participate in cultural, sports and social activities, assist each other in work and in time of difficulty, act against corruption and wastage, and prevent social evils.
4. Supervising the implementation of the law related to the rights and obligations of the Trade Union, trade union members and workers; participating in settlement of occupational disputes, exercise of the rights of grassroots trade unions, organization and acting as leaders of strikes as prescribed by law; organizing and managing safety and hygiene network and supervising occupational safety and hygiene and healthcare for workers in enterprises; disseminating and cooperating in organization of emulation movements in enterprises.
5. Developing and managing trade union members; building grassroots trade unions into strong and stable units and participating in building the Communist Party.
6. Managing trade union finance and property according to the law and regulations of the VGCL.
Article 20. Duties and powers of grassroots trade unions of non-state-owned enterprises
Duties and powers of grassroots trade unions of non-state-owned enterprises include:
1. Disseminating and encouraging workers to implement guidelines of the Communist Party, policies and law of the State, duties of the Trade Union and rules and regulations of enterprises.
2. Representing worker collectives to negotiate, conclude and supervise the implementation of collective labor bargain; cooperating with employers or representatives of employers in implementing democracy, convening conferences of workers, formulating and signing regulations on cooperation in operation; providing guidance to workers on concluding labor contract or working contract. Representing worker collectives to settle occupational disputes, exercise the rights of grassroots trade unions, organize and act as leaders of strikes as prescribed by law.
3. Compiling legitimate and legal requests and wishes of trade union members and workers; organizing dialogues between workers and employers; cooperating with employers in organizing emulation movements, business development, caring for material and spiritual life of workers; encouraging workers to participate in cultural, sports and social activities, assist each other in work and in daily life and prevent social evils.
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5. Developing and managing trade union members; building grassroots trade unions into strong and stable units and participating in building the Communist Party.
6. Managing trade union finance and property according to the law and regulations of the VGCL.
Article 21. Duties and powers of grassroots trade unions of cooperatives and cooperative unions
Duties and powers of grassroots trade unions of cooperatives and cooperative unions include:
1. Disseminating and encouraging members and workers to implement guidelines of the Communist Party, policies and law of the State, duties of the Trade Union, Resolutions of congresses of members and cooperative charter well.
2. Representing workers to negotiate, conclude and supervise the implementation of collective labor bargain; providing guidance to non-member workers on concluding labor contract and working contract. Supervising the implementation of regimes and policies and distribution of incomes and profits to members of Boards of Directors;
3. Cooperating with Boards of Directors, directors (general directors) in taking measures to improve working conditions of and provide healthcare to workers, increase income, quality of life and benefits of members and workers; participating in settlement of occupational disputes; exercising the rights of grassroots trade unions on organizing and acting as leaders of strikes; organizing and managing safety and hygiene network and supervising occupational safety and hygiene, providing healthcare to workers of cooperatives; encouraging members and workers to participate in cultural, sports and social activities, assist each other in work and in time of difficulty.
4. Developing and managing trade union members; building grassroots trade unions into strong and stable units and participating in building the Communist Party.
5. Managing trade union finance and property according to the law and regulations of the VGCL.
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1. Disseminating and encouraging workers to implement guidelines of the Communist Party, policies and law of the State directly related to workers, rules, regulations and charter of units affiliated to non-public service providers and obligations of workers well.
2. Formulating and signing cooperative regulations with heads of units affiliated to non-public service providers; assigning representatives to councils related to the rights and interests of workers; cooperating with heads of units in formulating and supervising the implementation of plans for training and improvement of specialized and professional qualifications, caring for material and spiritual life, improvement of working conditions and provision of healthcare to workers; cooperating in organizing emulation movements; encouraging workers to participate in cultural, sports and social activities, act against social evils and assist each other in work and in time of difficulty.
3. Compiling legal and legitimate requests and wishes of workers; organizing dialogues between workers and heads of units to resolve issues related to the rights and obligations of workers. Cooperating with heads of units in organizing the implementation of democracy, conferences of workers; providing guidance to workers on concluding labor contract and working contract, representing workers to negotiate and conclude collective labor bargain as prescribed by law.
4. Participating in formulation and supervision of rules, regulations and charter of units, regimes, policies and law related to the rights and interests of workers;
5. Developing and managing trade union members; building grassroots trade unions into strong and stable units and participating in building the Communist Party.
6. Managing trade union finance and property according to the law and regulations of the VGCL.
Article 23. Duties and powers of workplace unions
Duties and powers of workplace unions include:
1. Disseminating and encouraging trade union members and workers to implement guidelines of the Communist Party, policies and law of the State and duties of the Trade Union, providing guidelines on implementation of regimes, policies and regulations related to daily life and work requirements of workers. Improving knowledge and political qualifications.
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3. Fostering solidarity and mutual support in work and daily life. Proactively participating in social activities and acting against social evils.
4. Developing and managing trade union members and building workplace unions into strong and stable units.
5. Managing trade union finance and property according to the law and regulations of the VGCL.
Article 24. Education trade unions of districts and district-level towns
1. Establishment or dissolution of education trade unions of districts and district-level towns (collectively referred to as “district-level education trade unions“) shall be decided on by Federations of Labor of districts and district-level towns as approved by province-level Federations of Labor.
2. District-level education trade unions gather trade union members and workers of education bureaus, schools (public and non-public) and units affiliated to district-level education bureaus.
3. District-level education trade unions work under the direct management of Federations of Labor of districts and professional interdisciplinary management of province-level education trade unions.
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Duties and powers of district-level education trade unions include:
a. Disseminating guidelines and policies of the Communist Party, law of the State and duties of the Trade Union. Organizing the implementation of Resolutions of congresses of superior trade unions and Resolutions of congresses of trade unions of the same level.
b. Cooperating with management authorities of the same level in directing sector development; building official and teacher forces and education - training objectives and plans, matters related to the legal and legitimate rights and interests of workers of the sector.
c. Directing inspection and supervision on the implementation of regimes and policies related to rights and interests of workers; organizing emulation movements, carrying out campaigns of the Communist Party, the State and the Trade Union.
d. Cooperating with district-level competent authorities in inspecting and supervising the implementation of regimes and policies, and representing and protecting the legal and legitimate rights and interests of trade union members and workers of the sector (including non-public).
dd. Deciding on establishment or dissolution of grassroots trade unions of schools and units affiliated to district-level education bureaus; developing trade union members, building grassroots trade unions into strong and stable units and participating in building the Communist Party.
Article 25. Local sector unions
1. Province-level Federations of Labor shall decide on establishment or dissolution of local sector unions. Local sector unions work under the direct management of province-level Federations of Labor and interdisciplinary management of national sector unions.
2. Local sector unions gather trade union members and workers of sectorial regulatory bodies, organizations, enterprises in provinces.
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4. Duties and powers of local sector unions:
Duties and powers of local sector unions include:
a. Disseminating guidelines of the Communist Party, policies and law of the State and duties of the Trade Union. Organizing the implementation of guidelines and Resolutions of province-level Federations of Labor, national sector unions and Resolutions of congresses of trade unions of the same level. Organizing patriotic emulation movements.
b. Participating with management authorities of the same level in socio-economic development of local sectors, matters related to employment and daily life of workers under sectorial management.
c. Cooperating with Federations of Labor of districts in providing guidance, directing and inspecting the implementation of sectorial regimes and policies and protection of the legal and legitimate rights and interests of trade union members and workers of sector; assisting grassroots trade unions in negotiating and concluding collective labor bargain, organizing and acting as leaders of strikes as prescribed by law; representing grassroots trade unions or workers to file lawsuits or participate in cases related to occupation and trade unions as authorized by grassroots trade unions or workers. Representing workers of sector to negotiate and conclude collective labor bargain as prescribed by law.
d. Developing trade union members and grassroots trade unions of sectorial types of ownership, implementing plans for official allocation as assigned by province-level Federations of Labor, building grassroots trade unions into strong and stable units.
dd. Managing trade union finance and property according to the law and regulations of the VGCL.
1. District-level Federations of Labor shall be organized according to the administrative boundaries of districts and district-level towns. Province-level Federations of Labor shall directly manage such organizations and decide on establishment or dissolution thereof.
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3. District-level Federations of Labor shall directly manage district-level education trade unions and decide on establishment or dissolution thereof; decide on establishment/dissolution of or recognize and directly manage local grassroots trade union (except grassroots trade unions affiliated to province-level Federations of Labor, or other superior trade unions).
4. Duties and powers of district-level Federations of Labor include:
a. Disseminating and encouraging workers to carry out guidelines of the Communist Party, policies and law of the State and duties of the Trade Union. Organizing patriotic emulation movements.
b. Cooperating with district-level State authorities, local sector and equivalent trade unions in inspecting and supervising the implementation of regimes and policies; settling occupational complaints, denunciations and disputes for local trade unions; providing guidance and assistance to executive boards of grassroots trade unions for negotiation and conclusion of collective labor bargain, settlement of occupational disputes, organization of dialogues with employers, organizing and acting as leaders of strikes as prescribed by law.
c. Representing, protecting the legal and legitimate rights and interests of workers of regulatory bodies, organizations, enterprises that have no grassroots trade union at the request of such workers. Representing grassroots trade unions or workers to file lawsuits or participate in occupational cases as authorized by grassroots trade unions or workers.
d. Implementing Directives, Resolutions and guidelines related to operation of province-level Federations of Labor; Directives and Resolutions of executive committee of the Communist Party and Resolutions of congresses of trade unions of the same level; cooperating with executive committee of the Communist Party and/or State authorities in guidelines for socio-economic development and matters related to employment and daily life of trade union members and workers.
dd. Encouraging trade union members and workers to participate in social activities, providing guidance on methods and measures for caring for daily life, betterment of working conditions, famine and poverty alleviation, fostering of civilized lifestyle, anti-corruption and acting against social evils.
e. Developing trade union members, establishing grassroots trade unions; carrying out plans for official allocation as assigned by province-level Federations of Labor; building grassroots trade unions into strong and stable units.
g. Managing trade union finance and property according to the law and regulations of the VGCL.
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1. Province-level Federations of Labor shall directly manage trade unions of industrial parks and decide on establishment or dissolution thereof.
2. Trade unions of industrial parks gather trade union members and workers of industrial parks, export processing zones, high-technology parks and economic zones (collectively referred to as “industrial parks”).
3. Trade unions of industrial parks shall decide on establishment or dissolution of grassroots trade unions of local units affiliated to industrial parks; cooperating in directing grassroots trade unions affiliated to other superior trade unions in industrial parks.
4. Duties and powers of trade unions of industrial parks include:
a. Disseminating and encouraging workers to carry out guidelines of the Communist Party, policies and law of the State and duties of the Trade Union. Organizing patriotic emulation movements.
b. Providing guidance and directing grassroots trade unions to carry out duties and powers as prescribed herein; providing guidance and assisting executive board of grassroots trade unions in negotiating and concluding collective labor bargain, settling occupational disputes, organizing dialogues with employers, organizing and acting as leaders of strikes as prescribed by law.
c. Representing, protecting the legal and legitimate rights and interests of workers of regulatory bodies, organizations, enterprises that have no grassroots trade union at the request of such workers. Representing grassroots trade unions or workers to file lawsuits or participate in cases related to occupation and trade unions as authorized by grassroots trade unions or workers.
d. Cooperating with management board of industrial parks and local occupational management authorities in inspecting and supervising occupational regimes, policies and regulations; settling complaints of trade union members and workers of industrial parks.
dd. Developing trade union members, establishing and building grassroots trade unions into strong and stable units; conducting official management as assigned by province-level Federations of Labor.
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g. Managing trade union finance and property according to the law and regulations of the VGCL.
Article 28. National corporate unions
1. National corporate unions (including state economic groups) gather trade union members and workers of units affiliated to national corporates.
2. For national corporates established by province-level people’s committees, province-level Federations of Labor shall establish and directly manage trade unions thereof.
3. For national corporates established by Ministries or ministry-level regulatory bodies, national sector unions shall establish and directly manage trade unions thereof.
4. For national corporates established by the Prime Minister, the presidium of the VGCL shall establish and directly manage trade unions thereof or devolve such management competence.
5. Duties and powers of national corporate unions include:
a. Disseminating guidelines of the Communist Party, policies and law of the State and duties of the Trade Union. Implementing Directives, Resolutions and guidelines related to operation of superior trade unions and Resolutions of congresses of trade unions of the same level.
b. Cooperating with Boards of Directors, Member Councils and/or general directors in planning, plans and objectives for economic development of national corporates, participating in formulating, inspecting and supervising the implementation of rules, regulations and regimes on salary and bonuses and regulations related to the legal and legitimate rights and interests of trade union members and workers of national corporates.
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d. Directing the participation in management of grassroots trade unions and affiliates thereof; carrying out duties and powers as prescribed by law and regulations of the VGCL.
dd. Deciding on establishment or dissolution of grassroots trade unions and affiliates thereof. Implementing plans for officials as assigned by superior trade unions, directing member development and building grassroots trade unions into strong and stable units.
e. Grassroots trade unions and affiliated grassroots trade unions of industrial parks or local branches of national corporates shall cooperate with local Federations of Labor and trade unions of industrial parks in implementing the duties prescribed in point dd, clause 4, Article 30 herein.
g. Managing finance, property and economic activities of trade unions according to the law and regulations of the VGCL.
Article 29. Central organization unions
1. Central organization unions include trade unions of ministries, ministry-level regulatory bodies, governmental agencies, the National Assembly, committees of the Communist Party and central-affiliated organizations that gather trade union members and workers of units affiliated to central organizations.
2. Central organization unions are grassroots trade unions or superior trade unions (if meeting requirements). National sector unions shall directly manage such unions and decide on establishment or dissolution thereof.
3. Superior central organization unions shall decide on establishment or dissolution of and directly direct affiliated grassroots trade unions to carry out duties and powers prescribed in Article 18, Article 19 herein.
4. Duties and powers of central organization unions include:
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b. Cooperating with heads of regulatory bodies in implementing democracy, organizing conferences of officials of regulatory bodies; inspecting and supervising the implementation of regimes and policies, settlement of complaints and denunciations for units affiliated to regulatory bodies.
c. Organizing patriotic emulation movements, contributing to the fulfillment of duties of regulatory bodies; encouraging trade union members and workers to participate in building an honest, strong and stable Communist Party and government, and participate in social activities; providing guidance on methods and measures for caring for daily life, betterment of working conditions, building of civilized regulatory bodies, participation in administrative reform, anti-corruption, anti-wastage and acting against social evils.
d. Developing trade union members, establishing and building grassroots trade unions into strong and stable units, carrying out plans for official allocation as assigned by national sector unions.
dd. Managing trade union finance and property according to the law and regulations of the VGCL.
Article 30. Province-level Federations of Labor
1. Province-level Federations of Labor shall be organized according to administrative boundaries of provinces and central-affiliated cities. The presidium of the VGCL shall decide on establishment or dissolution of such organizations in compliance with the law.
2. Province-level Federations of Labor gather local trade union members and workers.
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4. Duties and powers of province-level Federations of Labor:
Duties and powers of province-level Federations of Labor include:
a. Disseminating guidelines of the Communist Party, policies and law of the State and duties of the Trade Union. Implementing Directives and Resolutions of superior trade unions, Resolutions of province-level trade union congresses, Directives and Resolutions of the Communist Party, policies and law of the State.
b. Representing and protecting the legal and legitimate rights and interests of local trade union members and workers. Cooperating with executive committee of the Communist Party, province-level State authorities in guidelines and plans for socio-economic development and matters related to daily life, work and working conditions of local workers. Organizing patriotic emulation movements and social activities.
c. Cooperating with State authorities and national sector unions in inspecting and supervising the implementation of law and policies directly related to trade union members and workers in regulatory bodies, units and enterprises; providing guidance on and directing the settlement of occupational disputes, participating in local occupational arbitrary councils, investigating occupational accidents and diseases in local enterprises.
d. Directing local sector unions, district-level Federations of Labor, trade unions of industrial parks, province-level national corporate unions and other superior trade unions to carry out the duties prescribed in Article 25, Article 26, Article 27 and Article 28 herein.
Cooperating with national sector and equivalent trade unions in directing local grassroots trade unions affiliated to national sector and equivalent trade unions.
dd. Providing guidance and direction on the following contents for grassroots trade unions affiliated to other province-level superior trade unions:
- Implementation of Resolutions of the Communist Party, guidelines and plans for socio-economic development and national defense and security.
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e. Organizing training courses and encouraging trade union members and workers to improve their specialized and occupational qualifications; managing and organizing cultural and sports activities, worker cultural institutions, vocational, employment and legal consultation institutions of trade unions as prescribed by the State and the Trade Union.
g. Planning, managing, training and providing refresher courses for officials and implementing policies for officials of each level.
h. Providing guidance on and directing congresses of subordinate trade unions; developing trade union members, building grassroots trade unions into strong and stable units.
Carrying out diplomatic work as prescribed by the presidium of the VGCL.
k. Managing finance, property and economic activities of trade unions according to the law and regulations of the VGCL.
Article 31. National sector unions
1. The presidium of the VGCL shall decide on establishment or dissolution of national sector unions as appropriate to the characteristics of each sector.
In case a Ministry has many national sector unions and/or national corporate unions affiliated to the VGCL, regulations prescribed by the presidium of the VGCL shall be upheld.
2. National sector unions gather trade union members and workers of regulatory bodies, organizations and enterprises of sectors.
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3. Duties and powers of national sector unions:
Duties and powers of national sector unions include:
a. Disseminating guidelines of the Communist Party, policies and law of the State and duties of the Trade Union.
b. Representing and protecting the legal and legitimate rights and interests of trade union members and workers of sectors.
c. Researching and participating in State management and socio-economic management of sectors, including:
- Research on and cooperation with ministries and regulatory bodies in strategies for socio-economic development of sectors, connecting with building, training and providing refresher courses for labor forces of sectors.
- Research on and participation in formulation of law, occupational and salary regimes and policies, occupational insurance, social insurance, medical insurance and other regimes and policies related to workers of each sector; participation in administrative reform, anti-corruption, anti-wastage.
- Representing workers to negotiate and conclude collective labor bargain of sector.
- Cooperation in inspecting and supervising the implementation of occupational regimes and policies; participation in sector councils to resolve worker-related issues; recommending amendments to and resolutions for occupational regimes and policies to State authorities, meeting requirements on sector development.
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d. Researching and giving recommendations to the presidium of the VGCL on organizational models; functions and duties of each level of sector unions; providing guidelines for congresses of subordinate trade unions; planning, managing, training and providing refresher courses for officials and implementing policies for officials of each level.
dd. Providing guidance and direction to subordinate trade unions, including:
- Implementation of Directives and Resolutions of superior trade unions and Resolutions of congresses of national sector unions.
- Management and implementation of democracy at grassroots level; representation and protection of the legal and legitimate rights and interests of workers; negotiation and conclusion of collective labor bargain.
- Dissemination of policies related to trade union members and workers, encouraging trade union members and workers to improve qualifications and professional knowledge. Organizing patriotic emulation movements and social activities suitable with the characteristics of each sector.
e. Proactively cooperating with province-level Federations of Labor in providing guidance to local sector unions for the implementation of: sectorial occupational regimes and policies; sector-related education; orientations and duties for sector development; establishment of trade unions of non-state-owned enterprises of the same sector.
g. Proactively cooperating with province-level Federations of Labor in formulating regulations on interdisciplinary direction for local grassroots trade unions of sectors.
h. Carrying out diplomatic work as prescribed by the presidium of the VGCL.
i. Managing finance, property and economic activities of trade unions according to the law and regulations of the VGCL.
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1. Trade unions of Vietnam People’s Army are national sector unions affiliated to the organizational system of the Vietnamese Trade Union.
2. Trade unions of Vietnam People’s Army gather national defense officials and public employees and workers who enjoy salary in grassroots units and enterprises in the Vietnam People’s Army.
3. Organization and operation of trade unions of Vietnam People’s Army shall be decided on by the presidium of the VGCL in agreement with competent affiliates of the Ministry of National Defense on the basis of the Trade Union Law and Charter of Vietnamese Trade Union.
Article 33. Trade unions of Vietnam People’s Public Security
1. Trade unions of Vietnam People’s Public Security (“Public Security trade unions”) are national sector unions affiliated to the organizational system of the Vietnamese Trade Union and fully entitled to positions, roles, functions and duties of the Trade Union.
2. Public Security trade unions gather officials, public employees and workers who work in scientific - technical and service providing enterprises, state agencies and units or serve in Public Security forces and enjoy salaries.
3. Organization and operation of Public Security trade unions shall be decided on by the presidium of the VGCL in agreement with competent affiliates of the Ministry of Public Security on the basis of the Trade Union Law and Charter of Vietnamese Trade Union.
Article 34. Duties and powers of the Vietnam General Confederation of Labour
Duties and powers of the VGCL include:
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2. Participating in State management, socio-economic management; participating in formulating, inspecting and supervising the implementation of regimes, policies and regulations on economy and society, occupation, employment, salary, social insurance, medical insurance, occupational protection and other policies and regulations related to the Trade Union, rights and interests of workers as prescribed by law; organizing and managing research on occupational protection techniques; participating in national committees and national councils on worker-related matters.
3. Cooperating with affiliates of the Communist Party and the State in providing refresher courses on political, specialized and professional qualifications and knowledge to trade union members and workers, meeting requirements on industrialization and modernization of the country. Cooperating with the State, Vietnamese Fatherland Front and central-affiliated organizations in organizing patriotic emulation movements and social activities for trade union members and workers.
4. Deciding on orientations and measures for official allocation; formulating apparatus and titles for trade union officials; conducting planning, training, refresher courses for officials, management and use of officials and policies for officials; allocating full-time officials for each level.
5. Directing cultural, sports and travel activities of trade unions of all levels.
6. Promoting international cooperation with trade unions of other countries and international organizations on the basis of diplomatic guidelines and policies of the Communist Party and the State.
7. Approving annual reports on actual expenses and budget estimate, deciding on guidelines and measures for management of finance, property and economic activities of trade unions.
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Article 36. Women’s union committee
1. Women’s union committees shall be responsible for advising executive boards of trade unions of the same level on formulation and implementation of policies and regulations related to female workers, genders, gender equality, for the interests of women, improvement of policies for women officials, population work, reproductive health, family and children; representing female workers or resolve matters directly related to female workers and children.
2. The VGCL, province-level Federations of Labor, national sector and equivalent trade unions shall establish and direct women’s union committees (professional committees) and assign officials for feminist work as prescribed by the presidium of the VGCL.
3. Executive boards of superior trade unions and grassroots trade unions may establish and direct public women’s committees.
Chapter VII
FINANCE AND PROPERTY OF TRADE UNIONS
Article 37. Finance of trade unions
1. Trade unions shall manage and use financial resources as prescribed by law and regulations of the VGCL. Trade union finance includes the following revenues:
a. Trade union fees contributed by trade union members on a monthly-basis. Each member contributes one percent (1%) of their salary.
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c. State budget allowances.
d. Other revenues from cultural, sports and economic activities of the Trade Union; from projects/plans assigned by the State; from aid, funding of domestic and foreign organizations and individuals.
2. Trade union finance shall be used for the following missions:
a. Disseminating guidelines and policies of the Communist Party, law of the State; improving specialized qualifications and professional skills for workers;
b. Organizing activities that represent and protect the legal and legitimate rights and interests of workers;
c. Fostering trade union members, establishing grassroots trade unions, building grassroots trade unions into strong and stable units;
d. Organizing emulation movements launched by the Trade Union;
dd. Training and fostering trade union officials; training and providing refresher courses for exemplary workers so as to develop a source of officials for the Communist Party, the State and the Trade Union;
e. Organizing cultural, sports and travel activities for workers;
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h. Caring for and providing benefits to trade union members and workers during time of sickness, pregnancy or difficulty; organizing other activities to care for workers;
i. Encouraging and rewarding workers and children of workers who have good study records or work achievements;
k. Paying salary to full-time trade union officials; responsibility allowances to part-time trade union officials;
l. Paying for operation of trade unions of all levels;
m. Other missions that require funding.
3. Management of trade union finance:
a. Trade union finance is managed based on the principles of democratic centralism, openness, transparency and decentralization, with powers of trade unions of all levels connected to responsibilities thereof.
b. Executive boards and presidiums (standing committees) of trade unions of all levels shall be responsible for finance management as prescribed by law and regulations of the Trade Union.
Article 38. Property of trade unions
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2. The VGCL shall implement the rights and responsibilities of ownership of trade union property as prescribed by law.
3. Trade unions of all levels shall be assigned the duties of management and use of property by the VGCL and be answerable to the VGCL and the law for the use and management of such property.
TRADE UNION INSPECTION AND INSPECTION COMMITTEES FOR TRADE UNIONS OF ALL LEVELS
Trade union inspection is the duty of executive boards of trade unions of all levels so as to ensure the implementation of the Charter, Resolutions, Directives and regulations of the Trade Union. Each trade union level must organize and carry out inspection work at its level and be subject to inspection from its superior trade union.
Article 40. Trade union inspection committees
1. Inspection committees are inspection bodies of the Trade Union, established at each trade union level, elected by executive boards of trade unions of corresponding levels and recognized by superior trade unions.
2. Inspection committee of each level is under the leadership of the executive board of the trade union of such level and the management of its superior trade union inspection committee.
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4. Inspection committees, heads and deputy heads thereof shall be elected by ballot. The elected persons must receive more than half (1/2) of the total number of collected ballots.
Head of an inspection committee of a trade union of a level shall be elected by the executive board of such level, deputy-head(s) thereof shall be elected by the inspection committee.
If a grassroots trade union has fewer than thirty members, a member of its executive board shall be appointed for inspection work.
5. Upon new establishment, division or merger of trade unions, superior trade unions shall appoint provisional inspection committees and heads and deputy heads thereof.
6. Tenure of an inspection committee is based on the tenure of the executive board of the trade union of the same level.
7. Members of inspection committees being full-time trade union officials, upon end of full-time service, shall stop participating in inspection committees. Members of inspection committees transferring to a different occupation, locality or unit shall stop participating in the inspection committees of their old occupation, locality or unit. Members of inspection committees of all levels shall, upon retirement or resignation, stop participating in inspection committees starting from the time of retirement or resignation stated in the decision thereof.
Article 41. Duties of trade union inspection committees
Duties of an inspection committee of a trade union shall include:
1. Assisting the executive board and/or standing committee in inspecting the compliance of trade unions of the same level and subordinate level with the Charter.
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3. Inspecting the collection, distribution, use and management of finance, property and economic activities of trade unions of the same level and subordinate level according to the law and regulations of the VGCL.
4. Assisting the executive board and/or standing committee with settlement of complaints and denunciations under Trade Union's competence; cooperating with state authorities and employers in settling complaints and denunciations of trade union members and workers as prescribed by law.
5. Organizing refresher and training courses on inspection operation for members of inspection committees of trade unions of the same level and subordinate level.
Article 42. Rights of trade union inspection committees
Trade union inspection committees shall have the rights to:
1. Participate in executive board conferences and congresses or conferences of delegates of trade unions of the same level.
2. Report to the executive board of the same level on trade union inspection work and recommend inspection contents and programs to regular meetings of the executive board.
3. Request the inspected unit and manager thereof to provide reports and documents for the purpose of inspection and answer questions of the inspection committee.
4. Compile inspection reports and recommend handling measures to the standing committee of the trade union executive board of the same level. If the inspection committee’s recommendations are not adopted by the standing committee, the inspection committee shall hold the rights to report to the executive board of the same level and superior inspection committee.
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Article 43. Rewards
Trade union officials, trade union members, persons with meritorious contribution to building the Trade Union, trade unions and workplace unions with excellent operational achievements shall be considered rewarding by the Trade Union as prescribed by law and regulations of the VGCL.
1. Trade union members, trade union officials, trade unions, collectives of executive boards and standing committees of trade unions of all levels, upon violation of the Charter, any Resolution or regulation of the VGCL, shall be subject to public, appropriate and timely disciplines based on severity of the violation.
2. Forms of discipline:
a. Trade unions, collectives of executive boards and standing committees of trade unions of all levels may be subject to reprimand, warning sanction and/or dissolution.
b. Trade union members may be subject to reprimand, warning sanction and/or expulsion.
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d. Full-time trade union officials may be subject to reprimand, warning sanction, salary level decrease, dismissal and/or sack.
3. Competence of discipline execution:
a. The executive board of a grassroots trade union shall decide on the expulsion of a trade union member at the request of its trade union or workplace union team. Superior trade unions shall decide on special cases. An expelled trade union member may be readmitted after corrective actions are taken.
b. Discipline imposed upon an executive board member shall be decided on by the superior trade union at the request of the conference of such executive board. The executive board of the VGCL shall decide on the discipline imposed upon any of its members.
c. Discipline imposed upon a trade union, a collective of executive board or standing committee shall be decided on by the executive board of its superior trade union.
d. Inspection committees and members thereof shall be subject to the same discipline forms imposed upon executive board collectives of the same level and members thereof.
COMPLIANCE WITH CHARTER OF VIETNAMESE TRADE UNION
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2. For arisen issues not provided for herein, the executive board of the VGCL shall be responsible for providing appropriate guidance.
3. The Charter of Vietnamese Trade Union was passed by the National Trade Union Congress. Only the National Trade Union Congress shall have the rights to make amendments to the Charter of Vietnamese Trade Union./.