Innovation of organization and operation of Vietnam Trade Union in the new situation

On the morning of October 24, at the National Assembly House, continuing the 8th session, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly discussed in the hall a number of contents with different opinions on the draft Law on Trade Unions (amended). Vice Chairman of the National Assembly Nguyen Thi Thanh chaired the meeting.

Care for and protect the legitimate rights and interests of workers

Presenting the Summary Report on explanation, acceptance and revision of the above draft Law of the National Assembly Standing Committee, Chairwoman of the Social Committee Nguyen Thuy Anh said that the draft Law on Trade Unions (amended) after acceptance and revision has ensured: Timely institutionalization of Resolution No. 02-NQ/TW dated June 12, 2021 on "Innovation of organization and operation of Vietnam Trade Unions in the new situation" and a number of policies and resolutions of the Party on trade union organizations and the working class; in accordance with the 2013 Constitution, ensuring the unity and synchronization of the current legal system; the draft amended law has inherited the contents that have affirmed the rationality, stability and effectiveness in the implementation of the current Law on Trade Unions; amending a number of contents to meet the development requirements of the socialist-oriented market economy and international integration in our country.

Commenting on the draft Law on Trade Unions (amended), many delegates suggested clarifying and continuing to revise some specific contents.

Regarding the joining of the Vietnam Trade Union by workers in Vietnam, delegate To Van Tam (Kon Tum Delegation) said that when the organization of workers at an enterprise is legally established, there will be two organizations representing workers at the enterprise, which are the Vietnam Trade Union as a political-social organization of the working class and of workers, not only representing, caring for, and protecting the legal and legitimate rights and interests of workers but also performing political, social and organizational functions of workers at enterprises operating within the scope of labor relations, in the relationship with employers.

In order for the labor organization and employees at enterprises to operate smoothly and healthily in accordance with the provisions of law, in addition to perfecting the legal framework, it is necessary to stipulate the right of organizations and employees at enterprises to join the Vietnam Trade Union. Resolution No. 06 of the Politburo also clearly states to attract employees and labor organizations at enterprises to join the Vietnam General Confederation of Labor. The provision of this right in Article 6 is correct and accurate. However, when this organization joins the union, what will be its legal status, will it be dissolved to reorganize or will it just change its position, function, and tasks? Therefore, this issue needs to be clearly stipulated in the draft Law.

According to delegate Nguyen Hoang Bao Tran (Binh Duong Delegation), Article 26 of the draft Law stipulates “Ensuring the organization and staff of trade unions”, which is adjusted to remain the same as the current Law. However, the regulations on the organization’s staff and personnel need to be considered from a practical perspective, based on the requirements, tasks and specific factors that each organization is currently undertaking in order to continue to have regulations and proposals to perfect the mechanisms and policies in the most appropriate way.

In addition, the provision: "The Vietnam General Confederation of Labor shall develop the organizational structure, job positions and titles of trade union officials and submit them to the competent authority for decision, or decide according to its authority" in Clause 2, Article 26 of the draft Law is unclear, in which cases it shall be submitted to the competent authority for decision and in which cases the Vietnam General Confederation of Labor shall decide according to its authority. Therefore, the Drafting Committee needs to specify and create favorable conditions for implementation when the Trade Union Law (amended) comes into effect; at the same time, it is recommended to review the provisions on staffing in the draft Law to ensure consistency and compatibility with the provisions of other relevant laws.

Referring to the above issue, delegate Duong Van Phuoc (Quang Nam Delegation) said that currently, the number of assigned trade union positions is small, while the number of union members, workers, civil servants, and laborers is constantly increasing, and the trade union base is constantly developing, so management is not guaranteed and does not meet the requirements of the task if more specialized trade union officials are not assigned to work on contracts.

In addition, the Vietnam General Confederation of Labor is given autonomy in managing the financial resources of the Trade Union according to the provisions of law. Therefore, to ensure the management and organization of the Trade Union's activities, delegates proposed that the draft Law retain the provision that the Vietnam General Confederation of Labor has the right to decide the number of full-time trade union officials who work under labor contracts in specialized agencies of trade unions and grassroots trade unions in each period, in accordance with the requirements of the tasks, the number of trade union members, workers and the financial capacity of the trade union.

Delegate Ha Sy Huan (Bac Kan delegation) mentioned that Clause 2, Article 26 of the draft Law stipulates: "The Vietnam General Confederation of Labor shall develop the organizational structure, job positions and titles of trade union officials and submit them to the competent authority for decision or decide according to its authority". However, this provision does not clearly state which cases are under the decision-making authority of the Vietnam General Confederation of Labor, which cases will be submitted to the competent authority for decision and which competent authority is the one to decide, thus leading to confusion in the implementation process. Therefore, it is recommended that the Drafting Committee should study and supplement the regulations to make them clearer and more specific.

During the working session yesterday morning, the National Assembly listened to the presentation of the Government's Proposal and the Social Committee's Verification Report on the draft Law amending and supplementing a number of articles of the Law on Health Insurance.

Propose many benefits for health insurance participants

Yesterday afternoon, in the discussion group on the draft Law on Health Insurance (amended), many delegates highly appreciated the Government's proposal to add regulations on payment for medicine and medical equipment transferred between medical examination and treatment facilities, and costs for paraclinical services of patients who have been prescribed but must be performed elsewhere. This will increase the rights and benefits of health insurance participants as well as ensure the quality and timeliness of medical examination and treatment. The Drafting Committee needs to continue researching and developing a suitable and flexible payment mechanism, for example, payment through hospitals or direct payment to patients when they buy by themselves...

The Government proposed to amend the regulations on “transfer of medical examination and treatment” in the direction of expanding one step further, better ensuring the rights of health insurance participants. Accordingly, the health insurance fund will still pay for patients in some cases who go to non-line medical examination and treatment facilities on their own. Many opinions affirmed the correctness and appropriateness of this policy in order to gradually reduce the rate of direct out-of-pocket expenditure of participants, but it is also necessary to ensure financial resources for people's medical examination and treatment needs. Therefore, it is necessary to carefully and comprehensively assess the impact on the state budget, the ability to balance the health insurance fund as well as the organization and operation of the medical examination and treatment system.

Some delegates raised the issue that the list of health insurance drugs issued by the Ministry of Health is not suitable for practice, therefore, it is recommended that the Ministry of Health re-evaluate the current regulations on this list. If there are any problems, regulations should be issued to promptly resolve them, meeting the rights of people with health insurance cards. Regarding the benefits of health insurance participants, many opinions agreed to add the regulation that "patients diagnosed by medical examination and treatment facilities for some rare diseases, serious diseases, diseases requiring surgery or using high technology according to the list of diseases and regulations of the Minister of Health" are entitled to 100% of the cost of medical examination and treatment according to the percentage of the benefit level without having to carry out procedures to transfer medical examination and treatment facilities, contributing to reducing the cost burden for patients.

During the working session in the group yesterday afternoon, giving opinions on the draft Law on Data, delegates agreed on the necessity of promulgating the law, aiming to create unity, synchronization, and effective use of data to serve state management and socio-economic development; to serve the development of digital government and reform and reduce administrative procedures. However, they requested to clarify more about the organizational model, functions, rights, obligations, and effectiveness of the implementation of the construction of the National Data Center; to clarify response plans and resolve issues that may arise to avoid the risk of disclosure, loss of information security and safety.

Source: https://nhandan.vn/doi-moi-to-chuc-va-hoat-dong-cua-cong-doan-viet-nam-trong-tinh-hinh-moi-post838508.html