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Members of Parliament expressed differing opinions on the 2% trade union fee.

Báo Kinh tế và Đô thịBáo Kinh tế và Đô thị24/10/2024

Kinhtedothi - Discussing the draft Law on Trade Unions (amended), National Assembly deputies believe that the 2% contribution rate to the Trade Union is appropriate, aiming to maintain activities that care for the lives of workers. However, concerns remain about this contribution rate causing difficulties for businesses with a large workforce.


On the morning of October 24th, at the 8th session of the National Assembly, the Chairwoman of the National Assembly's Social Affairs Committee, Nguyen Thuy Anh, presented a report on the acceptance, explanation, and revision of the draft Law on Trade Unions (amended).

Foreign workers have the right to join trade unions.

Essentially, the draft Law on Trade Unions (amended), after incorporating and revising the content, has ensured the timely institutionalization of Resolution No. 02-NQ/TW dated June 12, 2021, on "Renewing the organization and operation of the Vietnam Trade Union in the new situation" and a number of Party guidelines and resolutions on trade union organizations and the working class.

Nguyen Thuy Anh, Chairwoman of the National Assembly's Social Affairs Committee, presented the report. Photo: Quochoi.vn
Nguyen Thuy Anh, Chairwoman of the National Assembly's Social Affairs Committee, presented the report. Photo: Quochoi.vn

The draft law has inherited the contents that have proven to be reasonable, stable, and effective in the implementation of the current Trade Union Law, and has amended some contents to meet practical requirements.

Regarding specific provisions on the joining and operation of trade unions by foreign workers (stipulated in Article 5), and taking into account the opinions of many National Assembly deputies and competent authorities, the Standing Committee of the National Assembly directed the revision of the Draft Law to stipulate that "foreign workers working in Vietnam under labor contracts with a term of 12 months or more have the right to join a trade union and operate at a grassroots trade union."

The delegation of National Assembly representatives from Hanoi participates in the working session on the morning of October 24 - Photo: Nhu Y
The delegation of National Assembly representatives from Hanoi participates in the working session on the morning of October 24 - Photo: Nhu Y

Furthermore, Clause 5 of Article 4 of the Draft Law stipulates that trade union officials must be Vietnamese citizens; therefore, foreign workers cannot become trade union officials.

Regarding the supervision by trade unions (Article 16 of the Draft Law), based on feedback from National Assembly deputies and proposals from the drafting agency, the Standing Committee of the National Assembly directed the revision of the regulations on the supervisory rights of trade unions in the following direction: separating the content of participation in supervision in Article 15 of the Draft Law and merging it into Article 16 on supervision by trade unions.

The Standing Committee of the National Assembly also incorporated the opinions of National Assembly deputies, and the draft Law has added Article 30, which stipulates the cases in which trade union fees can be exempted, reduced, or temporarily suspended.

A 2% fee could be a burden for businesses with a large workforce.

During the discussion in the National Assembly, focusing on the issue of trade union fees paid by agencies, organizations, and businesses at 2% of the wage fund used as the basis for social insurance contributions for employees, National Assembly representative Nguyen Anh Tri (Hanoi delegation) argued that the 2% fee is no longer appropriate in the current context.

Delegates argued that paying the 2% trade union fee becomes a burden for businesses with a large number of employees. Therefore, delegates proposed that for businesses with fewer than 500 employees, the trade union fee should be 2%. For businesses with 500 to fewer than 3,000 employees, this rate should be 1.5%. For businesses with more than 3,000 employees, the trade union fee should be only 1%.

National Assembly representative Nguyen Anh Tri (Hanoi delegation)
National Assembly representative Nguyen Anh Tri (Hanoi delegation)

Also concerned about this issue, National Assembly representative Tran Nhat Minh (from Nghe An province) proposed maintaining the 2% trade union funding rate and the regulations as in the Draft Law.

Delegate Tran Nhat Minh stated that trade union funds have been effectively maintained and utilized for over 60 years, from the enactment of the Trade Union Law in 1957 to the present day. These funds are primarily used at the grassroots level to care for the lives of union members and workers, such as visiting them when they are sick, providing Tet (Lunar New Year) gifts, birthday gifts, etc., or organizing cultural and sports activities.

National Assembly representative Tran Nhat Minh (Nghe An province delegation)
National Assembly representative Tran Nhat Minh (Nghe An province delegation)

National Assembly representative Nguyen Viet Ha (from Tuyen Quang province) argued that the draft law currently does not regulate the distribution of trade union funds when there are multiple organizations representing workers. This lack of regulation will lead to difficulties and obstacles in practical implementation. Therefore, it is necessary to add principles for the distribution of trade union funds to the draft law, and to enhance the responsibility of the Vietnam General Confederation of Labor regarding this matter.

Regarding the distribution of trade union funds, National Assembly representative Leo Thi Lich (from Bac Giang province) suggested that the distribution of trade union funds needs to be clearer when there are many organizations representing workers - especially in the context of having many organizations representing workers in enterprises.

 

According to the explanation and feedback from the Standing Committee of the National Assembly, to align with practical realities, the draft law has added several new expenditure items, such as expenditures for grassroots trade unions where organizations and businesses facing difficulties are exempted from or granted reductions in trade union fees.

Trade union funds are also allocated to the construction of social housing for workers to rent, the construction of public works for union members and workers, and trade union institutions, mainly from the accumulated trade union finances of the provincial, city and equivalent levels and of the Vietnam General Confederation of Labor.

Trade union fees are deductible expenses when determining a company's taxable income.



Source: https://kinhtedothi.vn/dai-bieu-quoc-hoi-neu-y-kien-khac-nhau-ve-muc-dong-phi-cong-doan-2.html

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