Proposal to give the Vietnam General Confederation of Labor the right to decide on the distribution of union funds

The scene at the meeting. Photo: Doan Tan/VNA

Ensuring the legal rights and interests of trade union officials.

Delegate Ha Sy Huan (Bac Can) proposed removing the requirement for "written agreement from the grassroots trade union executive committee" in Clause 2, Article 28. He explained that members of the grassroots trade union executive committee are employees recruited by the employer. The requirement for written agreement from the grassroots trade union executive committee might not ensure transparency and is not truly appropriate. Therefore, the regulation should be amended to only require written agreement from the directly superior trade union executive committee.

Concurring with delegate Ha Sy Huan, delegate Tran Nhat Minh ( Nghe An ) argued that Clause 2, Article 27 stipulates that members of the grassroots trade union executive committee are paid by the employer. Therefore, if the regulation remains as drafted, it could easily lead to situations where the employer demands or coerces the grassroots trade union executive committee to agree, causing disadvantages to trade union officials when they are dismissed or terminated, thus leading to a reluctance among grassroots trade union officials to fight for workers' rights. The requirement for written consent from the directly superior trade union executive committee would better protect the rights of grassroots trade union officials.

According to delegate Tran Nhat Minh, Clause 3 of Article 28 is still vague and unclear as to which level of trade union is responsible for protecting grassroots trade union officials when their contracts are terminated. The delegate suggested that the drafting committee clarify this regulation, stipulating that this responsibility rests with the higher-level trade union organization. The delegate proposed amending the regulation to state that in cases where a non-professional trade union official is terminated, dismissed, or illegally laid off by their employer, the higher-level trade union is responsible for requesting intervention from the competent state agency. If authorized, the higher-level trade union may represent the official in court to ensure their legitimate rights and interests are protected.

The General Confederation of Labor is given the autonomy to decide on the distribution of funds.

Regarding the management and use of trade union finances (Article 31), the Chairwoman of the National Assembly's Social Affairs Committee, Nguyen Thuy Anh, stated that the National Assembly Standing Committee has directed the revision of the Law to include provisions on the principles of managing and using trade union finances (Clause 1); to review the tasks of spending trade union funds to ensure greater comprehensiveness and completeness (Clause 2); and to exclude provisions in the Law on the distribution of trade union funds when there are multiple organizations representing workers, in order to ensure flexibility and harmony. Simultaneously, the Law has been amended to include the provision that "After consultation with the Government, the Vietnam General Confederation of Labor shall prescribe standards, norms, expenditure regimes, decentralization of collection, distribution, and management and use of trade union finances in accordance with the requirements of the trade union's tasks" (Clause 4); and to assign the Government to provide detailed regulations on the management and use of trade union funds by workers' organizations in enterprises.

While agreeing with the proposal not to specify the method for distributing trade union funds to workers' organizations in enterprises, delegate Dang Thi My Huong ( Ninh Thuan ) suggested that regulations ensuring the implementation of this content should be studied. She argued that the distribution of trade union funds should be regulated by the Vietnam General Confederation of Labor as before, ensuring transparency in management. Depending on the tasks of the trade union organization and the practical situation in each period, the Vietnam General Confederation of Labor should distribute trade union funds appropriately to ensure autonomy in their work.

Regarding the regulation that the Vietnam General Confederation of Labor (VGCL) agrees with the Government when issuing criteria for financial expenditure limits for trade unions, Representative Duong Van Phuoc (Quang Nam) explained that "this will increase procedures, create difficulties for trade union activities, and the implementation method is very impractical." He added that, until now, the VGCL has based its criteria and regulations on the use of finances in its organization and activities on the State's expenditure limits, in accordance with Decree 191/2013/ND-CP.

“The results of the verification, inspection, and audit of trade union finances, as well as the summary report on 10 years of implementing the Trade Union Law, show no obstacles. Therefore, entrusting the Vietnam General Confederation of Labor with the responsibility to make its own decisions in accordance with the law is appropriate. I propose considering removing the provision “after consultation with the Government” to create greater autonomy in trade union activities, in line with the policy of reforming trade union organization and activities in the current context,” said delegate Phuoc.

Also expressing concerns about this regulation, delegate Chu Thi Hong Thai (Lang Son) noted that the Government is currently promoting decentralization and delegation of power in state management. The Government does not interfere in trade union activities, and the collection and expenditure of trade union finances must still comply with the regulations of the accounting system and be subject to annual inspection and auditing… Furthermore, according to the draft Law, after reaching an agreement with the Government, the authority to decide on the issuance of standards, norms, and distribution of trade union finances still rests with the Vietnam General Confederation of Labor. Therefore, adding another step of "reaching an agreement with the Government" only adds procedure and increases the time.

Concerns about union fees

Debating the issue of paying union dues equivalent to 2% of the wage fund as the basis for mandatory social insurance contributions for workers, Representative Nguyen Anh Tri (Hanoi) analyzed that the 2% union dues, maintained since 1957, were reasonable because workers at that time were mainly officials and employees working in state agencies. The funds were allocated by the State. However, when Vietnam transitioned to a socialist-oriented market economy, this regulation is no longer reasonable. Vietnam currently has a very large number of businesses, many of which employ a large number of workers.

According to Representative Tri, paying a 2% union fee would be a burden for businesses with a large workforce, to the point where they couldn't expand, or even maintain operations, leading to a decrease in FDI and unemployment. The consequences would be even more severe if businesses evaded payment or did not join the union. The representative proposed a fee of 2% for businesses with 500 employees, 1.5% for businesses with 500-3,000 employees, and 1% for businesses with over 3,000 employees. The law also needs stricter and clearer regulations regarding the spiritual, cultural, and recreational well-being of workers.

Baotintuc.vn

Source: https://baotintuc.vn/chinh-polit/de-xuat-giao-tong-lien-doan-lao-dong-tu-quyet-viec-phan-phoi-kinh-phi-cong-doan-20241024133328227.htm