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Many new points have been noted in the amended Trade Union Law.

Thời ĐạiThời Đại27/11/2024


On the morning of November 27th, the National Assembly passed the amended Trade Union Law with 443 votes in favor, representing 92.48% of the total number of National Assembly delegates. The amended Trade Union Law, effective from July 1st, 2025, comprises 6 chapters with 37 articles, an increase of 4 articles compared to the current law, and includes many new provisions.

Shows a clear hierarchy.

In the report of the National Assembly Standing Committee on receiving, explaining, and revising the draft Law on Trade Unions (amended), Ms. Nguyen Thuy Anh - Chairwoman of the Social Committee - stated that the amended Law on Trade Unions reflects the principle of innovative thinking in lawmaking, ensuring that the regulations are clear, substantive, concise, easy to understand, easy to implement, and closely aligned with reality.

The law clearly states the need to strengthen decentralization and delegation of power, linked to the tasks and powers of relevant entities, in order to enhance implementation capacity; simplify administrative procedures; only regulate matters within the authority of the National Assembly; and entrust the Government and the Vietnam General Confederation of Labor with the authority to regulate detailed content within their jurisdiction, allowing for timely amendments, additions, and adjustments when necessary and in accordance with practical realities.

Chủ nhiệm Ủy ban Xã hội Nguyễn Thúy Anh trình bày Báo cáo tiếp thu, giải trình và chỉnh lý dự thảo Luật Công đoàn (sửa đổi)
Chairwoman of the Social Affairs Committee Nguyen Thuy Anh presents the report on receiving feedback, explaining and revising the draft amended Trade Union Law (Photo: Provided).

At the same time, the Law also adds the right of foreign workers working in Vietnam to join and participate in trade union activities at the grassroots level (without the right to establish or become trade union officials). It also adds the right of workers' organizations within enterprises to join the Vietnam Trade Union.

In addition, the amended Trade Union Law also adds cases for exemption, reduction, and temporary suspension of trade union fee payments, and the Government will regulate these cases after consultation with the Vietnam General Confederation of Labor.

The amended Trade Union Law clearly stipulates four levels of trade unions. It also affirms that "the Vietnam Trade Union is the sole organization representing workers at the national level in labor relations," and adds the right of trade unions to supervise and provide social feedback.

Regarding the simplification of administrative procedures, the draft law has been revised to stipulate that when inspecting or auditing matters directly related to the legitimate rights and interests of workers and trade unions, the competent state agency "has the responsibility to invite trade union representatives to participate" instead of requiring "trade union representatives to be present"; the provision for "coordinated supervision" between trade unions and competent state agencies has been removed; the provision "Issuing documents on supervision results" has been amended to "Notification of supervision results"; and the content "and conclusions and decisions of competent agencies, organizations, and individuals related to recommendations after supervision" has been omitted.

Maintain the 2% funding requirement.

According to the Chairman of the National Assembly's Social Affairs Committee, since the enactment of the Trade Union Law in 1957, trade union funding has been continuously implemented. Maintaining the 2% trade union fund primarily aims to care for workers and ensure the operation of trade unions, demonstrating the superiority of the socialist system.

On the other hand, 75% of trade union funds are used at the grassroots level to care for union members and workers. The more workers a business has, the more funds it needs to take care of social welfare for its employees - especially to care for, represent, and protect the legitimate rights and interests of trade union members and workers.

Kết quả thông qua Luật Công đoàn sửa đổi (Ảnh: T.L).
Results of the adoption of the amended Trade Union Law (Photo: Provided).

Therefore, the rate of trade union contribution does not depend on the size of the enterprise, whether it has few or many workers. In addition, trade union contributions are deductible expenses when determining the taxable income of the enterprise.

The Chairman of the Social Affairs Committee argued that maintaining trade union funding also aims to encourage businesses and employers to be more responsible towards their employees through trade unions. Therefore, the Standing Committee of the National Assembly proposed that the National Assembly retain the regulation on the 2% trade union funding rate.

The new law also adds provisions stipulating that the Vietnam General Confederation of Labor shall implement the decentralization of collecting and distributing trade union funds; the Vietnam General Confederation of Labor shall issue standards, norms, expenditure regimes and manage and use trade union finances after consultation with the Government;

The Vietnam General Confederation of Labor is tasked with reporting to the National Assembly every two years on the collection, expenditure, management, and use of trade union finances. Simultaneously, the State Audit Office is tasked with conducting audits of trade union financial management and use every two years, and carrying out ad hoc audits at the request of the National Assembly and its Standing Committee.



Source: https://thoidai.com.vn/nhieu-diem-moi-duoc-ghi-nhan-tai-luat-cong-doan-sua-doi-207844.html

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