National Assembly passes Trade Union Law (amended), keeps trade union funds at 2%

The National Assembly passed the Trade Union Law (amended) on the morning of November 27. Photo: VOV

The draft Trade Union Law (amended) approved includes 6 chapters with 37 articles, 4 articles more than the current law.

New points of the Trade Union Law (amended)

Compared with the current law, the draft Trade Union Law (amended) has some basic new points as follows:

Vietnamese workers working without labor relations in Vietnam have the right to establish, join and operate trade unions. Supplementing the right to join and operate trade unions at grassroots trade unions (without the right to establish and not become trade union officials) of foreign workers working in Vietnam. Supplementing the right to join the Vietnamese Trade Union of the workers' organization at the enterprise.

Identify and clearly distinguish “Vietnam Trade Union” from “Vietnam General Confederation of Labor”, clearly stipulate 4 levels of trade unions. At the same time, affirm that “Vietnam Trade Union is the only organization representing workers at the national level in labor relations”.

Supplement the right to monitor and provide social criticism of trade unions. Supplement cases of exemption, reduction, and suspension of trade union fee payment and the Government shall regulate these cases after reaching agreement with the Vietnam General Confederation of Labor.

Delegates press the voting button. Photo: VOV

Continue to maintain the union fee contribution rate at 2%, along with that, amend and supplement regulations to clarify the principles of management and use of union finances; amend and supplement expenditure tasks of union finances; supplement regulations on the Vietnam General Confederation of Labor to implement the decentralization of collection and distribution of union funds; the Vietnam General Confederation of Labor promulgates standards, norms, spending regimes and management and use of union finances after reaching agreement with the Government.

Supplementing the responsibility of the Vietnam General Confederation of Labor to periodically report to the National Assembly on the situation of revenue and expenditure and the management and use of trade union finances every two years. At the same time, supplementing the responsibility of the State Audit, periodically every two years, to conduct audits of the management and use of trade union finances and to conduct ad hoc audits at the request of the National Assembly and the National Assembly Standing Committee.

Maintain the 2% union dues regulation

Presenting the Report on explanation, acceptance and revision of the draft Law on Trade Unions (amended), Member of the Standing Committee of the National Assembly, Chairwoman of the Social Committee of the National Assembly Nguyen Thuy Anh said that continuing to maintain 2% of trade union funds aims to institutionalize the policy in Resolution No. 2 which is "Maintaining existing resources; collecting trade union funds and encouraging the socialization of resources so that trade unions can perform their assigned tasks well".

Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh presented a report explaining, accepting and revising the draft Trade Union Law (amended). Photo: VOV

Since the Trade Union Law of 1957, trade union funds have been continuously implemented, maintaining the 2% revenue source of trade union funds to mainly care for workers and ensure trade union activities, demonstrating the superiority of the socialist regime.

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

Therefore, the rate of union fee payment does not depend on the size of the enterprise, whether it has few or many workers. In addition, union fee is included in deductible expenses when determining taxable income of the enterprise.

Maintaining union funds is also aimed at encouraging businesses and employers to be more responsible towards their employees through unions. Therefore, the National Assembly Standing Committee proposed that the National Assembly maintain the regulation on the union fund level of 2%.

“The provisions in the draft law do not mean that all specific and detailed policies and norms must have the Government’s consensus. Trade unions still have the right to take the initiative based on the principles established by the trade unions and the Government (as at present). This is also the Government’s choice,” said Ms. Nguyen Thuy Anh.

Source: https://baoquangnam.vn/quoc-hoi-thong-qua-luat-cong-doan-sua-doi-giu-kinh-phi-cong-doan-2-3144902.html