Điều lệ Công đoàn Việt Nam do Đại hội đại biểu Công đoàn toàn quốc lần thứ X thông qua năm 2008

CHARTER

OF VIETNAM TRADE UNION

(10TH NATIONAL CONGRESS OF TRADE UNION’S DELEGATES PASSED ON NOVEMBER 05, 2008)

BADGE OF VIETNAM TRADE UNION

1. Image of industrial black gear is placed at the centre of global (including 13 teeth).

2. Above gear, there is a Vietnam flag, which is bright red and has a bright yellow star in the middle.

3. A black caliper is placed inside industrial gear, on a blue background.

4. A white book is placed in the front of all, at a position lower than gear.

5. The base of global has letters of “TLD” on a worker-blue stylized range.

6. Longitudes and latitudes of global are white, on a golden yellow background.

Vietnam Trade Union is originated from Red Workers' General Union in Northern Vietnam, established on July 28, 1928, and be Vietnam General Confederation of Labor now.

Vietnam General Confederation of Labor is a wide socio-political organization of worker class, intelligentsia and other laborers who voluntarily set it up with the aim to call, combine forces to build Vietnamese worker class to be strong and big in all aspects; has class nature of worker class and mass nature; has functions: Acting as representative entity to protect legal and legitimate rights and benefits of workers, public employees and other laborers (CNVCLD); participating in state management, economic-social management, participating in examination and supervision over activities of state agencies, economic organizations; educating and encouraging CNVCLD to promote right to do as owner of country, exercise obligations of citizens, build and protect Mother Land of the Socialist Republic of Vietnam.

The Vietnam General Confederation of Labor is a member of political system under leading of the Vietnam Communist Party, has cooperative relation with State and coordinate with socio-political organizations and other social organizations; operate in framework of Constitution and law of the Socialist Republic of Vietnam.

The Vietnam General Confederation of Labor always is loyal with benefits of worker class and Ethnic benefits, and promotes the international union tradition, enhance and expanse cooperation with trade unions of other countries and international organizations in principle of friendship, union, quality, cooperation and mutual benefit, strives for objective: Interests of laborers, peace, democracy, national independence, development and social progress.

Chapter I

MEMBERS OF TRADE UNION AND CADRES OF TRADE UNION

Article 1. Vietnam CNVCLD who work and enjoy salaries; legal and free laborers, regardless of occupations, man or woman, religion, if they approve the Vietnam Trade Union Charter, voluntarily operating in one grassroots organization of trade union, contributing trade union dues under regulations, they will be acceded into trade union.

Article 2. Persons acceding into Trade Union must make a voluntary application. The Executive Board of Trade Union at grassroots or the superior Trade Union shall consider and issue decision on admittance and handing the trade union member card. When changing the working place, members shall produce the trade union member card to the Executive Board of Trade Union in new unit to be further joining in activities of trade union. When members apply for not joining in activities of trade union, the executive board of trade union at grassroots shall delete name and withdraw trade union member card.

Article 3. Trade union members have rights:

1. To be informed, discuss, propose and vote for the trade union work; to self-nominate, nominate and elect in trade union leading agency; elite members will be introduced to the Party by trade union to be considered for admittance, introduced to elect in Party’s leading agency (if they are Party’s members), State agencies and other socio-political organizations; to be entitled to comment or question trade union leaders, to propose for dismissal of trade union members who committed violations.

2. To be entitled to request trade union to protect human dignity, legal and legitimate rights and benefits upon being infringed; act as representative to join in the procedure process to protect legal rights and benefits as prescribed by law.

3. To be advised on labor and trade union law without charge by trade union; to be guided and assisted in finding job, apprenticeship; be prioritized to enroll in courses in schools, classes organized by trade union; to be cared, helped when they are sick or face difficult circumstances; to be entitled to participate in the cultural, sport, tourism or resting activities which are organized by trade union.

4. When retirement, the trade union members shall be entitled to not participate in trade union activities, be helped and protected legal and legitimate rights and benefits by the trade union at grassroots where they do procedures for not participating in trade union activities and trade union in localities where they reside; they are entitled to participate in activities of retirement clubs, retirement contact boards with assist of trade union.

Article 4. Trade union members have duties:

1. Implementing well obligations of citizen, contributing in motherland construction and protection.

2. Implementing resolutions of trade union, participating in activities of trade union, contributing trade union dues, propagating for trade union member development, building trade union organization.

3. Unceasingly learning and raising the political, cultural qualification, professional operations and skills; training the qualities of worker class; living and working under Constitution and law.

4. Assisting colleagues to improve the professional qualification, work efficiently and organize a good life; unifying and helping mutually in protecting legal and legitimate rights and benefits of CNVCLD and trade union organizations.

Article 5. Cadres of trade union

1. Cadres of trade union are persons who are elected in titles through voting at congress or conference of trade union (from trade union team or higher); designated or appointed in title of trade union cadres or assigned regular tasks to perform functions and tasks of Vietnam trade union organizations by competent agencies, units of trade union.

2. Trade union cadres include full-time and part-time cadres.

a. Full-time cadres are persons who are charge in regular works in trade union organization, elected through congress, conference of trade union at all levels or designated, appointed in title of trade union cadres and assigned regular tasks by competent agencies, unit of trade union.

b. Part-time cadres are persons who work for part of time, are elected in titles in trade union teams or higher level through trust of trade union members and are recognized or designated by competent level of trade union.

3. Chairman corps of Vietnam General Confederation of Labor shall, base on current decision, decide on payroll of full-time trade union cadres.

Article 6. Tasks and powers of trade union cadres

Apart from tasks and powers of members, trade union cadres have the following tasks and powers:

1. Fighting against signs of violating guidelines, policies of Part, policies and law of State and resolutions of trade union at all levels.

2. Being legal representative or authorized representative to protect legal and legitimate rights and benefits of laborers.

3. Closely combining with trade union members and laborers; respecting ideas of trade union members and laborers.

4. Reporting, reflecting and realizing two-direction information provision between trade union of all levels, between employees and employers or representatives of employers.

5. Organizing discussions between CNVCLD and employers in agencies, units, enterprises or between trade union organizations and representatives of employers.

6. Holding and acting as leader of strikes (for trade union cadres at grassroots in enterprises) in accordance with law.

7. Being enjoyed entitlements and policies according regulations of Party, State and Chairman corps of Vietnam General Confederation of Labor.

8. Being protected, helped, and assisted by trade union when facing difficulties during the course of implementation of tasks assigned by trade union organizations.

9. The part-time trade union cadres who are eligible under regulations and wish shall be considered and prioritized to employ in position of full-time trade union cadres.

Chapter II

PRINCIPLES AND SYSTEM OF TRADE UNION ORGANIZATIONS

Article 7. Trade union shall be organized and operate in the principles of democratic centralism

1. Trade union leading agencies at all levels are set up through election. In necessary cases, the superior trade union shall be entitled to designate additionally members of executive board and titles in standing agencies of the subordinate trade union executive board.

2. The highest right to decide at each trade union level shall belong to the trade union congress of such level. Between two congress terms, the executive board shall act as the lead agency.

3. The trade union executive boards at all levels shall operate in the principle of collective leading, responsible individuals, the minority complying with the majority, the inferior complying with the superior, individuals complying with organization.

4. Resolutions of trade union at all levels shall be passed by the majority and must be executed strictly.

5. When setting up newly or splitting, merging trade union organizations or units, enterprises which have not yet had trade union organization, the superior trade union shall designate the provisional trade union executive board or designate additionally members of the provisional trade union executive board. Operational duration of the provisional trade union executive board shall do not exceed 12 months.

Article 8. The Vietnam General Confederation of Labor is a unified organization with basic levels as follows:

1. The Vietnam General Confederation of Labor.

2. Confederation of Labor of provinces, central-affiliated cities (hereinafter referred to as the provincial/municipal Confederation of Labor), central sector trade union agencies, and trade union agencies of corporations affiliated the General Confederation.

3. Superior trade union agencies of grassroots level.

4. Trade unions at grassroots and occupational unions.

Article 9. Congress of trade unions at all levels:

1. Tasks of congress of trade unions at all levels:

a) Discussing, approving reports of executive board; deciding on task orientations of trade unions in the next tenure.

b) Participating in elaboration of documents for congress of superior trade union.

c) Electing new executive board and electing delegates to participate in congress of superior trade union.

d) Approving the Vietnam Trade Union Charter (for Trade Union Congress nationwide).

2. Tenure of congress of trade unions at all levels:

a) Congress of trade unions at grassroots and occupational unions shall be twice each 5 years. For trade unions at grassroots which have a big quantity of members, trade unions at grassroots as members, dispersed operation, may hold congress at once each 5 years.

b) Congress of superior trade unions of grassroots level: once each 5 years.

c) In special case, getting consent of superior trade union, congress of trade unions at all levels may be held earlier or later, but not exceeding 12 months for the superior trade unions of grassroots level and 6 months for trade unions at grassroots. Especially, the Executive Board of Vietnam General Confederation of Labor shall decide on trade union congress nationwide.

3. Quantity of delegates participating in congress of a level shall be decided by the Executive Board of the same level and invited under regulations of the Vietnam General Confederation of Labor. Official delegates shall include:

a) Members in power of the Executive Board of level inviting.

b) Delegates who are elected by congress or conference of delegates, congress of all inferior trade unions.

c. Delegates who are designated by Executive Board of the inviting level with a quantity not exceeding 3% (three percent) of total invited official delegates.

4. Delegates participating in congress must be voted to be recognized status of delegates by congress. If a delegate disciplined from form of blame (under Labor Code) or caution (for other cases) or higher, the Executive Board of the inviting level shall consider and decide on status of delegate and report result to Congress. Persons who are charged with a criminal offence, prosecuted or temporarily detained shall not have enough status of delegate.

Article 10. Conference with delegates and conference with all members:

1. In case where it is necessary and the Executive Board of its Superior Trade Union agrees, the Executive Board of such level shall be held conference with delegates or conference with all members.

2. The Executive Board of level holding conference shall decide quantity of delegates. Delegates participating in conference must be voted to be recognized status of delegates by conference. Delegates shall include:

a) Members in power of the Executive Board of level holding conference.

b) Delegates who are elected by congress (if it coincides time of congress) or conference with delegates, conference with all members of inferior trade unions. In case where it fails to hold conference with delegates, conference with all members and the Superior Trade Union agrees, conference of the Executive Board of trade union at such level shall elect delegates.

c. Delegates who are designated shall do not exceed 3% (three percent) of total invited official delegates.

3. Content of conference with delegates, and conference with all members:

a) To review implementation of resolutions of congress; supplement orientations of tasks and operational programs of trade unions.

b) To participate in elaboration of documents for congress of superior trade union.

c) To supplement and strengthen Executive Board and elect delegates to participate in congress or conference of superior trade union (if any).

Article 11. Congress, conference with participation of delegates, conference with participation of all members, conference of Executive Board of trade union at all levels which are valid must have presence of at least 2/3 (two-thirds) of total invited members. Election of the leading agencies of trade unions at all levels and election of delegates to participate in trade union congress of superior level must be conducted in form of secret suffrage; the elected person must have more than ½ (a half) of votes.

Article 12. The executive board shall act as the lead agency between two congress terms of trade unions of each level

1. Trade union congress of each level shall elect the executive board of the same level. The inferior trade union executive board must be recognized by superior trade union executive board. When more than ½ (a half) of participants of congress request and the superior trade union agrees, trade union congress at grassroots, and occupational union may elect directly chairman of trade union at grassroots, chairman of occupational union who is one of members of new executive board elected by congress.

2. Trade union congress at each level shall decide quantity of members of executive board at the same level and not exceed quantity provided for by the Chairman corps of the Vietnam General Confederation of Labor.

a) When member of executive board at a level is lacked, conference with participation of delegates, conference with participation of all members or executive board of the same level shall elect for supplementation. Quantity of lacked members of executive board required for additional election in tenure of congress shall not exceed 1/3 (one-third) of quantity of members of executive board which is decided by congress.

b) In special case of supplementation, if quantity of members of executive board exceeds quantity passed by congress, it must get consent of superior trade union and not exceed quantity provided for by the Chairman corps of the Vietnam General Confederation of Labor. The executive board of Vietnam General Confederation of Labor shall consider and decide the additional election of members of Executive Board of the Vietnam General Confederation of Labor in excess of quantity approved by trade union congress nationwide but not exceed 3% (three percent) of quantity of members of Executive Board of Vietnam General Confederation of Labor which has been decided by Trade Union Congress nationwide.

c) When members of Executive Board change work, leave from sector or locality, unit, they shall not participate in Trade union Executive Board of such sector, locality or unit. When members of executive board of trade unions at all levels retire or leave off work they shall not participate in Executive Board from time of retirement or leaving off work stated in decision.

d) In case where a member of Executive Board is a full-time trade union cadre, when he changes work and not be full-time trade union cadres longer, Executive Board of trade union at such level shall consider on participation or not participation in Executive board and request the superior trade union for decision.

3. Tasks of Executive Boards of trade unions at all levels:

a) To organize implementation of resolutions of trade union congress of their levels.

b) To realize directives, resolutions of Party, superior trade unions

c) To direct, inspect activities of the inferior trade unions.

d) Periodically report on situation of organization and operation of their trade unions with Party’s executive committees at the same level, superior trade unions and notify the inferior trade unions.

e) To manage finance, assets and economic activities of trade unions under regulations of State and the Vietnam General Confederation of Labor.

4. Regular conference of Executive Boards of trade unions at all levels:

a) The executive board of Vietnam General Confederation of Labor, executive boards of the provincial/municipal Confederation of Labor, executive boards of central sector trade unions and executive boards of trade unions in corporations affiliated General Confederation shall have meeting twice every year.

b) Executive boards of superior trade unions of trade unions at grassroots, Executive boards of trade unions at grassroots, occupational unions, trade unions at grassroots as members shall have meeting at least once each 3 months. For Executive boards of superior trade unions which have trade unions at grassroots operating in various provinces, cities, they shall have meeting at least once each 6 months.

Article 13. Standing agencies of Executive Boards of trade unions at all levels

1. The standing agency of Executive Board of Vietnam General Confederation of Labor shall be the chairman corps; the standing agency of executive boards of trade unions at all levels shall be the Managing Board. Executive Board at each level shall elect Chairman corps (Managing Board) of trade unions at such level. Quantity of members of chairman corps (Managing Board) shall not exceed 1/3 (one-third) of quantity of members of executive board of trade union at such level, including chairperson, deputies and some members.

Chairman corps (Managing Board) may designate some persons to work regularly.

2. The chairman corps of Vietnam General Confederation of Labor shall prepare content of sessions of executive board, organize implementation of resolutions of Executive Board of General Confederation The chairman corps of Vietnam General Confederation of Labor shall issue resolutions or decisions on implementation of resolutions of Vietnam Trade Union Congress nationwide and resolutions of Executive Board of Vietnam General Confederation of Labor; direct operation of agencies of General Confederation and units affiliated Vietnam General Confederation of Labor; act as representative of workers, public employees, other laborers to give out comments, proposals to the Party, State about matters involving CNVCLD and trade unions.

3. The Standing Agency of trade unions at all levels shall prepare content of sessions of executive board and direct implementation of resolutions of executive board, manage activities in duration between two sessions of executive board, report their activities at regular conferences of executive board; direct activities of agencies and affiliated units; represent for trade union members and laborers to collect proposals to participate in contribution of ideas to People’s Councils, People’s Committees, Ministries, sectors, Board of Directors of enterprises at the same level, designate representatives to participate in relevant agencies and organizations.

4. Chairperson who is head of executive board shall administrate activities of chairman corps (standing agency) and be legal representative of executive board of trade union at the same level.

a) In case of vacancy of the chairperson, deputies or members of standing agency of General Confederation, Executive Board of General Confederation shall elect additionally among members of Executive Board of General Confederation at the request of chairman corps of General Confederation.

b) In case of vacancy of the chairperson, deputies or members of standing agency, Executive Board of Trade union at such level shall request the superior trade union to elect additionally among members of Executive Board.

Article 14. Executive Board of trade union at one level shall represent for members, CNVCLD at such level.

Executive Boards of trade unions at all levels shall train, improve, facilitate for trade union cadres to operate; help, join in and protect trade union cadres in case where legal and legitimate rights and benefits are infringed; Executive Boards of superior trade unions shall assist, help Executive Boards of trade unions at grassroots to realize the right to organize and act as leader of strikes in accordance with law.

Article 15. Executive Boards of trade unions at all levels shall, base on their tasks, powers, financial ability and regulations of the Standing Agency of Vietnam General Confederation of Labor, report with the Party's executive committees at the same level (if any) before deciding on organization of working apparatus; notify specialized agencies, owners of enterprises or authorities at the same level in implementing relevant duties as prescribed by law.

Chapter III

TRADE UNION ORGANIZATIONS AT GRASSROOTS

Article 16.

1. Trade union organizations at grassroots include:

a) Trade unions at grassroots are established in enterprises, cooperatives of industrial and cottage industrial production, service provision, public and private non-business units; state agencies; agencies of political organizations, socio-political organizations and socio-professional organizations, with 5 trade union members or more and they are established under decision of the superior trade union.

b) Occupational unions mean organizations at grassroots of trade union, gather legal and free laborers with the same occupation, are established in each locality or the working units with 10 trade union members or more and they are established under decision of superior trade union.

2. Trade unions at grassroots and occupational unions shall be organized under 4 types:

a) Trade unions at grassroots and occupational unions have no trade union, or occupational union group.

b) Trade unions at grassroots and occupational unions have trade union groups, occupational union groups.

c) Trade unions at grassroots and occupational unions have trade union, or occupational union divisions.

d) Trade unions at grassroots have members being other trade unions.

3. In case where trade unions at grassroots, occupational unions fail to be eligible for exist and operation, the superior trade union shall consider and decide on dissolution.

Article 17. Tasks and powers of trade union at grassroots in state agencies, public non-business units, agencies of political organizations, socio-political organizations and socio-professional organizations:

1. To propagate guidelines of Party, policies, law of State and tasks of trade union organizations. To educate and improve the political, cultural, law, technical and science, professional, skill qualifications.

2. To examine, supervise implementation of regimes, policies, law, ensure implementation of rights and benefits of trade union members, cadres, civil servants, public employees and employees. To fight and prevent negative acts, corruption and social vices, practice thrifty, combat waste. To detect and participate in resolution of complaints, denunciations, labor disputes, and execute rights of trade unions at grassroots as prescribed by law.

3. To coordinate with heads of agencies, units, organizations in implementing democracy regulation, organizing conference of cadres, civil servants, agencies, units; assign representatives to participate in councils for consideration and resolution of rights and benefits of trade union members, cadres, civil servants, public employees and employees. To guide, help employees to conclude labor contracts. Together with heads of agencies and units to improve working conditions, care life of CNVCLD, organize social activities, charity programs in CNVCLD.

4. To organize the mobilization of CNVCLD in agencies, units for patriotic emulation, implementing obligations of cadres, civil servants, public employees and employees in management participation at agencies, units, to develop the working manner and improve administrative procedures with the aim to enhance quality and effectiveness of work.

5. To develop and manage trade union members; build strong trade unions at grassroots and participate in developing the Party.

Article 18. Tasks and powers of trade unions at grassroots in state enterprises:

1. To coordinate with director in organizing implementation of democracy regulation at enterprise, organize congress of workers and public employees; to represent for labor collectives in building, negotiating, signing and supervising implementation of the collective labor agreement; to participate in building operational charter, internal rules, regulations, plan on production and business of enterprises; elaboration and signing regulation on operational coordination with director of enterprise.

2. To collect legitimate and lawful requirements and wishes of CNVCLD; to organize, build and conduct two-direction information; organize discusses between employees and director of enterprise; guide employees to conclude labor contracts; to designate representatives to participate in council for consideration and resolution of rights and benefits of CNVCLD; to participate in and combine with direct in resolving jobs, improving the working conditions; raising incomes, life and welfares for CNVCLD; to mobilize CNVCLD to participate in social activities, mutual assist in occupation, upon meeting difficulties, accidents and combat against corruption and waste, prevent social vices.

3. To examine and supervise implementation of law involving rights and obligations of trade unions, CNVCLD; to participate in resolution of labor disputes, to realize rights of trade union at grassroots, to organize and lead strikes in accordance with law; to launch and coordinate in organizing emulation movements in enterprise.

4. To propagate, popularize guidelines of the Party, policies and law of State, tasks of trade unions and obligations of employees; to mobilize employees to comply with policies and law of State, internal rules, regulations of enterprises; realize effectively the work assigned by director of enterprise.

5. To develop and manage trade union members, build strong trade unions at grassroots and participate in developing the Party.

Article 19. Tasks and powers of trade unions at grassroots in industrial, cottage industrial, service or transport cooperatives

1. To supervise the managing board in implementing regimes, policies, distribution of income, profit to their members; to represent employees in elaborating, negotiating, signing and supervising implementation of collective labor agreements; guiding employees (other than their members) in concluding labor contracts.

2. To participate with the managing board in applying measures to improve the working conditions, raising incomes, life and welfares of their members and employees; to participate in resolution of labor disputes; to execute rights of trade unions at grassroots regarding organization and leading of strikes; to mobilize their members and employees to participate in social activities, mutual help in occupation, upon facing difficulties or accidents.

3. To propagate, popularize and mobilize their members, employees in implementing well guidelines of the Party, policies and law of State, tasks of trade unions and resolutions of congress of members and their charters.

4. To develop and manage trade union members, build strong trade unions at grassroots and participate in developing the Party.

Article 20. Tasks and powers of trade unions at grassroots in enterprises of private economic area

1. To represent labor collectives in building, negotiating, signing and supervising implementation of collective labor agreements; to coordinate with the employer or representative of the employer in realizing democracy regulation, holding conferences of laborers; elaborating and signing regulations on operational coordination; to guide employees in concluding labor contracts.

2. To examine, supervise implementation of law involving rights and obligations of employees and trade unions; to participate in councils of enterprises as prescribed by law and charters of enterprises; to elaborate internal rules and regulations involving rights and benefits of employees.

3. To represent labor collectives to participate in council of labor conciliation, resolve labor disputes, execute rights of trade unions at grassroots, organize and lead strikes as prescribed by law.

4. To collect legitimate and lawful requirements and wishes of employees; to report, supply information and organize discusses between employees and the employer; to coordinate with the employer in organizing production and business emulation and development movements, care material and mental lives of employees; to mobilize employees to participate in social activities, mutual assist and help in occupation, life, combat and prevent social vices.

5. To propagate, popularize and mobilize employees in implementing guidelines of the Party, policies and law of State, tasks of trade union organizations and internal rules, regulations of enterprises.

6. To develop and manage trade union members, build strong trade unions at grassroots and participate in developing the Party.

Article 21. Tasks and powers of trade unions at grassroots in private non-business units:

1. To participate in elaborating and supervising implementation of internal rules, regulations and charters of units, regimes, policies and law involving rights and benefits of employees; to coordinate with their heads in organizing implementation of democracy regulation, conferences of laborers; to guide employees to conclude labor contracts, on behalf of employees, elaborate, negotiate and sigh collective labor agreements as prescribed by law.

2. To elaborate and sign in regulations on operational coordination with heads of units; designate representatives to participate in councils of units which are related to rights and benefits of employees; together with heads of units, elaborate and supervise implementation of plan on training, raising professional qualifications and skills, care the material and mental lives, improve the working conditions for employees, coordinate in organizing emulation movements; to mobilize employees to participate in social activities, combat social vices, mutually assist in work, upon meeting difficulties or accidents.

3. To sum up lawful and legitimate requirements and wishes of employees; to implement two-direction information and hold discuses between employees and heads of units aiming to resolve matters involving rights and obligations of employees.

4. To propagate, popularize and mobilize employees in implementing well guidelines of the Party, policies and law of State which directly relate to employees, internal rules, regulation, charters of units, and obligations of employees.

5. To develop and manage trade union members, build strong trade unions at grassroots and participate in developing the Party.

Article 22. Tasks and powers of occupations unions:

1. To propagate guidelines of Party, policies, law of State and tasks of trade union organizations. To educate and improve the political-cultural qualification. To popularize, guide implementation of regimes, policies, law involving lives and practice conditions of employees.

2. To represent their members in making relations with local authorities and functional agencies to care and protect lawful and legitimate rights and benefits of trade union members.

3. To unify, mutually assist and help in occupation and life. Combat and prevent social vices.

4. To develop and manage trade union members; build strong occupations unions and participate in developing the Party.

Article 23. Trade unions at grassroots shall perform decentralization of tasks and powers for trade unions at grassroots being their members (if any); trade unions at grassroots, occupational unions shall provide specific tasks and powers to trade unions of divisions, occupational unions of divisions, trade union groups, occupational union groups according to guide of chairman corps of the Vietnam General Confederation of Labor.

Chapter IV

SUPERIOR TRADE UNION ORGANIZATIONS OF GRASSROOTS LEVEL

Article 24. Educational trade unions in districts, townships, cities of provinces.

1. Educational trade unions in districts, townships, cities of provinces (collectively referred to as the district-level educational trade unions) mean superior trade unions of trade unions at grassroots, gather cadres, public employees and laborers of educational divisions, schools (established by State and not by State), units managed by the district educational divisions.

2. Confederation of Labor in districts, townships, cities of provinces (collectively referred to as the district-level Confederation of Labor) shall decide on establishment or dissolution of the district-level educational trade unions after unifying with the provincial/municipal educational trade unions and getting consent of the provincial/municipal Confederation of Labor.

3. The district-level educational trade unions shall be directed by the district-level Confederation of Labor and directed the contents involving trades in coordination of the provincial educational-sector trade unions.

4. Tasks and powers of the district-level educational trade unions:

a) To organize implementation of guidelines in work of the district-level Confederation of Labor, resolutions of congress of the provincial/municipal educational trade unions and resolutions of congress of trade unions at the same level.

b) To participate with the management agencies at the same level in orientating development of sector; build objectives, make plans on education and training and matters involving duties and benefits of cadres, public employees and laborers; develop the contingent of cadres, teachers, and public employees in sector.

c) To direct the inferior trade unions to participate in implementing regimes and policies involving rights and benefits of cadres, public employees, laborers; organize emulation movements, perform campaigns of Party, State and trade union organizations; propagate, educate guidelines, policies of the Party, law of State, tasks of trade union and tradition of educational sector.

d) To coordinate with functional agencies of district level in examining, supervising implementation of regimes, policies and to represent to protect legal and legitimate rights and benefits of cadres, public employees, laborers in sector (including private section).

e) To decide on establishment or dissolution of trade unions at grassroots of schools, units managed by district-level educational divisions; to develop trade union members, build strong trade unions at grassroots and participate in building Party.

Article 25. Local sector trade unions

1. Local sector trade unions mean superior trade unions of trade unions at grassroots, which include CNVCLD in a same occupation of economic sections in provinces, cities.

2. The provincial/municipal Confederation of Labor shall decide on establishment or dissolution of the local sector trade unions after unifying with the central sector trade union.

3. The local sector trade unions shall be directed by the provincial/municipal Confederation of Labor and directed the contents involving trades by the central sector trade union.

4. Tasks and powers of local sector trade unions:

a) To organize implementation of guidelines in work of the provincial/municipal Confederation of Labor, the central sector trade union and resolutions of congress of trade union at the same level.

b) To participate with management agencies at the same level in economic-social development of sector, locality, matters involving responsibilities and benefits of trades, occupations, build contingent of workers, public employees and laborers in sector.

c) To guide, inform about law and regimes, policies, science and technique, trades, occupations, to direct the inferior trade unions in implementing regimes, policies on labor, trades, and occupations. To organize patriotic emulation movements, educate guidelines of the Party, policies and law of State, tasks of trade union and tradition, obligations, benefits of CNVCLD in sector.

d) To coordinate with the district-level Confederation of Labor in guiding, directing, examining implementation of regimes, policies, trades, protect legal and legitimate rights and benefits of CNVCLD in sector; support trade unions at grassroots in negotiating and signing collective labor agreements, organize and lead the strike as prescribed by law; to represent trade unions at grassroots or employees to initiate lawsuits or participate in procedure process when they are authorized by trade unions at grassroots or employees.

e) To develop trade union members and trade unions at grassroots in economic sections, implement the work of organization and personnel under decentralization of the provincial/municipal Confederation of Labor, and build strong trade unions at grassroots and occupational unions.

Article 26. Confederation of Labor in districts, townships, cities of provinces (collectively referred to as the district-level Confederation of Labor)

1. The district-level Confederation of Labor means the superior trade unions of grassroots level, includes CNVCLD in district.

2. The provincial/municipal Confederation of Labor shall decide on establishment or dissolution of as well as direct the district-level Confederation of Labor.

3. The district-level Confederation of Labor shall decide on establishment or dissolution and direct trade unions at level higher than grassroots which are the district-level educational trade unions and trade unions at grassroots, occupational unions locating in area (excluding trade unions at grassroots which have been affiliated the provincial/municipal confederation of labor, local sector trade unions and trade unions of corporations).

4. Tasks and powers of the district-level Confederation of Labor:

a) To coordinate with functional agencies of state at district level, local sector trade unions, trade unions of corporations to examine, supervise implementation of regimes, policies; to resolve complaints, denunciation, labor disputes involving establishments locating in areas; to guide, support, help the Executive Board of trade union at grassroots in negotiating, signing collective labor agreements, resolve labor disputes, to organize discusses with the employer, organizations, to lead the strike in accordance with law. To represent trade unions at grassroots or employees to initiate lawsuits or participate in the procedure process when it is authorized by trade union grassroots or employees.

b) To propagate guidelines of Party, policies, law of State and tasks of trade union organizations.

c) To implement directives, resolutions and guidelines in work of the provincial/municipal Confederation of Labor, directives, resolutions of Party’s executive committees and resolutions of trade union at it level; to participate with Party’s executive committees and state agencies in guideline on economic-social development and matters involving jobs and life of CNVCLD.

d) To organize patriotic emulation movements, contribute in pushing up economic-social development, realizing industrialization and modernization for agriculture and rural areas.

e) To call trade union members, CNVCLD to participate in social activities, guide forms, measures to care life, improve the working conditions, conduct hunger elimination, poverty reduction, build cultural manner of life, combat and prevent negative acts, corruption and social vices.

e) To implement the work of developing trade union members, to establish trade unions at grassroots, occupational unions; conduct the work of organization and personnel under decentralization of the provincial/municipal Confederation of Labor; to build strong trade unions at grassroots and occupational unions.

Article 27. Trade unions of industrial parks, export processing zones, hi-tech parks, economic zones (collectively referred to as trade unions of industrial zones)

1. Trade unions of industrial zones are superior trade unions or trade unions at grassroots; the provincial/municipal Confederation of Labor shall decide on establishment or dissolution and direct them.

2. Trade unions of industrial zones shall decide on establishment or dissolution and direct trade unions at grassroots of units which are established and operate in industrial zones by local authorities; to coordinate in directing trade unions at grassroots of central sector trade union, trade unions of corporations or central level which operate in industrial zones.

3. Tasks and powers of trade unions of industrial zones:

a) To guide, direct trade unions at grassroots in implementing tasks and powers according to the Charter; to guide, support, help the Executive Board of trade unions at grassroots in negotiating and signing collective labor agreements, resolving labor disputes, organizing discusses with the employer, organizing and leading strikes in accordance with law. To represent trade unions at grassroots or employees to initiate lawsuits or participate in the procedure process when they are authorized by trade union grassroots or employees.

b) To propagate guidelines of the Party, policies and law of State, tasks of trade union organizations; educate and improve political, cultural, legal qualifications for CNVCLD in industrial zones; to organize implementation of directives, resolutions of Party; directives, resolutions and guideline of work of superior trade unions, resolutions of congress of trade unions at their level.

c) To coordinate with the management board of industrial zones, local labor management agencies in examining, supervising implementation of regimes, policies, law on labor; to resolve complaints of CNVCLD in industrial zones.

d) To develop trade union members, establish trade unions at grassroots, and build strong trade unions at grassroots; to implement the work of managing trade union members under decentralization of the provincial/municipal Confederation of Labor.

e) To guide, direct trade unions at grassroots of central sector trade union, trade unions of corporations of central level in industrial zones in implementing contents as prescribed at point e Clause 3 Article 32 of this Charter.

Article 28. Trade unions of Corporations

1. Trade unions of Corporations mean trade unions at level higher than grassroots, which include CNVLD in establishments of Corporations.

2. If a corporation is established under decision of the provincial/municipal People’s Committee, trade union of such corporation shall be established and directed by the provincial /municipal Confederations of Labor.

3. If a corporation is established under decision of a Ministry or central sector, trade union of such corporation shall be established and directed by the central sector trade union.

4. If a corporation is established under decision of the Prime Minister, the chairman corps of Vietnam General Confederation of Labor shall decide establishment and direct trade union of such corporation.

5. Tasks and powers of trade unions of corporations:

a) To propagate guidelines of Party, policies, law of State and tasks of trade union organizations. To implement directives, resolutions, guidelines in work of the superior trade union and resolutions of congress of trade union of corporation.

b) To participate with Board of Directors, General Director of corporation in planning, plan and objectives of economic development of corporation, participate in elaborating and examining, supervising implementation of internal rules, regulations, regimes of salaries, bonus and regulations involving legal and legitimate rights and benefits of trade union members, CNVCLD in corporation.

c) To coordinate with Board of Directors, General Directors in implementing democracy regulation at grassroots, hold congress of workers and public employees; to represent trade union members, CNVCLD to sign collective labor agreements director general of corporation in line with legislations, participate in councils of corporation to resolve matters involving CNVCLD.

d. To direct trade unions at grassroots of trade union of corporation in implementing forms of participation in management, implementation of labor law and trade union law, organize the patriotic emulation movement; educate according characteristics of trades, guide the work of labor protection, social insurance, medical insurance and other regimes, policies of trades.

e) To decide on establishment or dissolution of trade unions at grassroots of trade union of corporation. To implement the work of personnel under decentralization of superior trade union, direct in building strong trade unions at grassroots.

f) To receive opinions and direct the local Confederation of Labor, trade unions of industrial zones involving trade unions at grassroots, trade unions at grassroots being members of corporation place in localities or industrial zones in implementing contents of tasks specified at point e Clause 3 Article 32 of this Charter.

Article 29. Trade unions of agencies of Ministries, Ministerial-level agencies, agencies affiliated Government, National Assembly, board of Party, Central associations (collectively referred to as trade unions of Central agencies) include cadres, civil servants, public employees and laborers (CBCCVCLD) in units of central agencies; they may establish trade unions at grassroots or trade unions at superior level of grassroots (when they are eligible).

1. Central sector trade union shall decide on establishment or dissolution of and direct trade unions of central agencies.

2. Trade unions of central agencies at superior level of grassroots shall decide on establishment or dissolution of and direct trade unions at grassroots of units affiliated agencies in implementing tasks and powers according to Article 17 and Article 18 of this Charter.

3. Tasks and powers of trade unions at superior level of grassroots of central agencies:

a) To propagate guidelines of Party, policies, law of State and tasks of trade union organizations.

b) To implement directives, resolutions and guidelines in work of the central sector trade unions; directives, resolutions of Party’s executive committees and resolutions of congress of trade union at their level; to participate with Party’s executive committees, lead in professional aspect involving the work of management, leading agencies and matters involving legal and legitimate rights and benefits of CNVCLD.

c) To organize patriotic emulation movements, contribute in finishing well tasks of agencies; to call trade union members, CNVCLD to participate in building clean and strong Party, authorities and participate in social activities; guide forms, measures to care life, improve the working conditions, build cultural manner of life, participate in public administration reform, combat and prevent negative acts, corruption and social vices.

d) To coordinate with heads of agencies in implementing democracy regulation, organizing conference of cadres, civil servants of agencies; to examine, supervise implementation of regimes, policies, resolution of complaints, denunciation involving establishments affiliated agencies.

e) To develop trade union members, establish trade unions at grassroots, build strong trade unions at grassroots; to implement the work of organization and personnel under decentralization of the central sector trade union and participate in building the Party.

Article 30. Central sector trade union

1. The chairman corps of Vietnam General Confederation of Labor shall decide on establishment or dissolution of central sector trade unions in line with characteristics of sector and provisions of trade union law.

If in a Ministry has central sector trade union, trade union of corporation affiliated Vietnam General Confederation of Labor, functions and tasks shall be provided by chairman corps of Vietnam General Confederation of Labor.

2. Subjects to be included in central sector trade unions are trade union members, CNVCLD of the same sector of all economic sections.

Central sector trade unions shall direct trade unions of Ministerial agencies, trade unions of the Party’s boards, central associations, trade unions of corporations and equivalent level of Ministries, sectors.

3. Tasks and powers of central sector trade unions:

a) To represent and protect legal and legitimate rights and benefits of trade union members, CNVCLD of sector.

b) To propagate guidelines of Party, policies, law of State and tasks of trade union organizations.

c) To research participation in state management involving economy and society of sector and participate in elaboration of sector regimes and policies:

- To research and participate with Ministries, sectors, boards of Party, central associations in, propose with the Vietnam General Confederation of Labor for strategy about economic – social development of sector, in association with building, training and improving of contingent of CNVCLD in sector.

- To research and participate in elaboration of law, regimes, policies about labor, salary, labor protection, social insurance, health insurance and other regimes, policies for laborers in the same trade in all economic sections; participate in public administration reform, combat corruption, negative acts, waste.

- To represent trade union members and CNVCLD to negotiate and sign collective labor agreements with trade associations or organizations representing employers in sector.

- To examine, supervise implementation of regimes, policies involving trades; participate in councils of sector to resolve matters involving CNVCLD; to propose with state agencies for supplementing, amending and resolving entitlements and policies of trades satisfying development requirement of trades and benefits of employees.

- To coordinate with management agencies in guiding, organizing forms of patriotic emulation according to characteristics of sector; organize social activities.

d) To research and propose with the Vietnam General Confederation of Labor about the organizational system, organizational model, concretization of functions, tasks of each level in sector trade union system; to guide, direct congress of inferior trade unions; to plan, manage, improve cadres and implement policies of cadres under decentralization of Vietnam General Confederation of Labor.

e) To guide and direct trade unions of corporations, trade unions of central agencies, trade unions at grassroots:

- To research, concretize, carry out directives, resolutions of the executive board, chairman corps of Vietnam General Confederation of Labor, resolutions of congress of central sector trade union.

- To organize forms of participation in managing and protecting benefits of employees as prescribed by law; organize conference of cadres, civil servants of agencies, congress of workers, public employees or conference of employees; elaborate and sign collective labor agreements.

- To propagate, educate CNVCLD to improve professional skills, inform law, policies, duties and benefits of trade union members, CNVCLD in sector. To organize patriotic emulation movements according to characteristics of sector.

f) To proactively coordinate with the provincial/municipal Confederation of Labor in directing, guiding local sector trade unions to implement contents: Regimes and policies of sector labor; propagation and education about sector tradition; orientations of sector development task; establishment of trade unions in economic units not in public areas in the same sector; participation in establishment or dissolution of local sector trade unions (if any).

f) To proactively coordinate with the provincial/municipal Confederation of Labor in elaborating regulations of coordination in directing, guiding trade unions at grassroots of sector which set in provinces, cities.

g) To implement external relations as prescribed by chairman corps of Vietnam General Confederation of Labor.

Article 31. Trade unions in Vietnam People’s Army and People's Public Security are sector trade union organizations in system of Vietnam trade unions, include workers, public employees and employees who work and enjoy salaries in the production, scientific, technical, non-business administration, service units in national defense and security forces.

The chairman corps of Vietnam General Confederation of Labor shall provide for organization and operation of trade unions in Vietnam People’s Army and People's Public Security after discussing and unifying with leaders of the Ministry of National Defense and the Ministry of Public Security in principle of compliance with provisions of trade union law and charter of Vietnam trade union.

Article 32. The provincial/municipal Confederation of Labor

1. The provincial/municipal Confederation of Labor shall be organized according to administrative boundary of province, central-affiliated city. The chairman corps of Vietnam General Confederation shall decide on establishment or dissolution of provincial/municipal Confederation of Labor in line with provisions of trade union law.

2. Subjects included in the provincial/municipal Confederation of Labor are members, CNVCLD in area.

The provincial/municipal Confederation of Labor shall direct the district-level Confederation of Labor, local sector trade unions, trade unions of corporations (in provinces, cities) trade unions of industrial zones and trade unions at grassroots and occupational unions affiliated Confederation (including trade unions at grassroots of central units which have no central sector trade union, or trade union of corporation).

3. Tasks and powers of the provincial/municipal Confederation of Labor:

a) To propagate guidelines of Party, policies, law of State and tasks of trade union organizations.

b) To represent and protect legal and legitimate rights and benefits of trade union members, CNVCLD in its localities.

c) To implement directives, resolutions of the executive board, chairman corps of Vietnam General Confederation of Labor, and resolutions of congress of provincial/municipal trade union; directives and resolutions of Party, policies and law of State. To participate with the Party executive committees, state agencies in province, city in guidelines, plans on economic-social development and matters involving life, jobs and the working conditions of CNVCLD in its localities. To organize the patriotic emulation movements, social activities of CNVCLD in its localities.

d) To coordinate with functional agencies of state, central sector trade unions in examining, inspecting implementation of law and policies directly related to CNVCLD in agencies, units, enterprises; to participate in local Labor arbitration Council, guide and direct resolution of labor disputes, participate in labor incident investigation, protect legal and legitimate rights and benefits of employees in enterprises set in its localities.

e) To direct local sector trade unions, the district-level Confederation of Labor, trade unions of industrial zones, trade unions of corporations (in provinces, cities) and equivalent level in implementing tasks as prescribed in Articles 25, 26, 27 and 28 of this Charter.

e) To guide and direct trade unions at grassroots of trade unions of corporations of central agencies and trade unions at grassroots of central sector trade union set in province, city about the following contents:

- To implement resolutions of Party, guidelines, plans on economic-social development, security and defense.

- To coordinate with functional agencies of state in localities in conducting labor examinations and inspections; to investigate labor incidents; to resolve complaints, denunciation, labor disputes; to represent and protect employees before the employer, state agencies and in the procedures process; to examine and supervise implementation of regimes and polices for employees.

f) To educate and improve culture qualification and occupational skills for CNVCLD, organize cultural, sport and physical exercise activities, manage worker or trade union cultural houses; organize centers for job introduction, establishments for law consultancy as prescribed by State and Vietnam General Confederation of Labor.

g. To plan, manage, train cadres and implement policies for cadres according to the management decentralization.

h) To guide, direct congress of inferior trade unions; build strong trade unions at grassroots and occupational unions.

i) To implement external relations as prescribed by chairman corps of Vietnam General Confederation of Labor.

Article 33. The Vietnam General Confederation of Labor shall have tasks and powers:

1. To decide on operational programs and contents of trade union aiming to implement resolutions of trade union congress nationwide and resolutions of the Vietnamese Communist Party; to direct and guide operation of trade unions at all levels. To propagate guidelines of Party, policies, law of State and tasks of trade union organizations. To direct the research on trade union theory, conduct final reviews of reality of worker class and operation of trade unions.

2. To participate in state management, economic-social management; to participate in elaboration and examination, supervision of implementing regimes, policies, law involving obligations, rights and benefits of workers, public employees and other laborers; to organize and manage scientific-technical research on labor protection; to designate representatives to participate in activities of Committee of labor relation, national committees and councils of matters involving CNVCLD.

3. To elaborate and direct implementation of programs and measures to coordinate with State in improving culture, political qualifications, professional skills for CNVCLD with the aim to satisfy requirements of national industrialization and modernization. To coordinate with state, Vietnam Fatherland Front and central mass associations in organizing patriotic emulation movements and social activities in CNVCLD.

4. To decide on orientations, measures to renew organization and cadres. To plan, manage, train cadres and implement policies for trade union cadres according to the management decentralization.

5. To manage economic activities, finance, assets of trade union as prescribed by law and Vietnam General Confederation of Labor; to direct cultural, sport, tourism, relax activities of trade unions at all levels

6. To expand external relation with trade union organizations of other countries, international organizations according to external guideline and policies of Party and State.

7. To approve the annual final settlement s and budget estimates, decide guidelines and measures to manage assets and finance of trade union.

Article 34. The work of mobilizing female CNVCLD is a throughout matter in all activities of trade unions at all levels, with the aim to promote role of female CNVCLD and ensure legal and legitimate obligations, rights and benefits of female CNVCLD as prescribed by law.

The housework boards of trade unions at all levels shall advise the executive board of trade union at the same level about the work of mobilizing female CNVCLD, gender matter , female cadres, population - family , woman’s progress; represent female CNVCLD to participate in solution of matters directly related to female laborers and children.

Chapter V

THE WORK OF TRADE UNION INSPECTION AND THE COMMITTEES FOR TRADE UNION INSPECTION AT ALL LEVELS

Article 35. The work of trade union inspection is task of executive boards of trade union at all levels aiming to lead implementation of Charter, resolutions, directives and regulations of trade union organizations Every trade union level must organize, conduct the inspection work at its level and suffer inspection of the superior trade union.

Article 36. The inspection committee is inspection agency of trade union and established at all levels, is elected by executive board of trade union of that level and required to be recognized by the superior trade union.

1. The inspection committee of trade union at each level shall suffer the leading by executive board of trade union at such level and the leading by inspection committee of superior trade union.

2. The executive board of trade union shall decide quantity of members of inspection committee at its level, which includes some members in executive board and some members not in executive board; number of members of executive board shall not exceed one-third (1/3) of total members of inspection committee.

3. The election of inspection committee, chairman, vice chairman of inspection committee shall be conducted in the principle of secret suffrage; the elected person must be elected by more than a half (1/2) of votes.

Chairman of inspection committee of trade union at each level, shall be elected by executive board of trade union at that level, vice chair man of inspection committee shall be elected by inspection committee.

Organizations at grassroots of trade union which have less than 30 trade union members shall assign one member of executive board of trade union to do task of inspection.

4. When a trade union organization has been established or split, merged, the superior trade union shall appoint provisional committee of inspection, chairman, vice chairman of inspection committee.

5. Tenure of inspection committee shall depend on tenure of Executive Boards of trade union at the same level.

6. Members of inspection committee at all level shall be full-time cadres of trade union, when they change work, not are full-time cadres of trade union, they shall not participate in inspection committee. Members of inspection committee in case of changing work from sector or locality, unit, they shall not participate in inspection committee of trade union of that sector, locality or unit. When members of inspection committee at all levels retire or leave off work they shall not participate in inspection committee from time of retirement or leaving off work stated in decision.

Article 37. Inspection Committees of trade union have duties:

1. To assist executive board, standing agency to inspect compliance with trade union charter with respect to trade union at same level and lower levels.

2. To inspect trade union at the same level and lower level when these organizations or trade union members have signs of violating charter, resolutions, directives and provisions of trade union.

3. To inspect the management and use of finance, assets and economic activities of trade unions at the same level and lower levels.

4. To assist executive board, standing agency: To resolve complaints, denunciation under resolution competence of trade union; participate with state functional agencies and employers in resolving complaints, denunciation of trade union members, CNVCLD as prescribed by law.

5. To organize courses of training, guiding professional operations of the inspection work for members of inspection committee of trade union at the same level and lower level.

Article 38. Inspection Committees of trade union have rights:

1. Members of inspection committee are entitled to participate in conferences of Executive Board and invited to congress or conference of delegates of trade union at the same level.

2. To report to the executive board of trade union at the same level about activities of trade union inspection and propose the work contents, programs of inspection committee in regular sessions of executive board.

3. To request units subject to inspection and their responsible persons to report, supply documents in serve of inspection and answer matters stated by the inspection committee.

4. To report the inspection conclusions and propose the handling forms with Standing agency of Executive Board of trade union at the same level. If the standing agency fails to resolve proposals of inspection committee, inspection committee has right to report to executive board of trade union at the same level and report to the inspection committee of the superior trade union.

5. Members of inspection committees shall be learned, trained, improved professional operations on inspection.

Chapter VI

FINANCE AND ASSETS OF TRADE UNION

Article 39. Trade unions realize autonomy and self-management right on finance as prescribed by law and provisions of the Vietnam General Confederation of Labor.

1. Finance of trade union includes the following revenues:

a) Trade union dues which are contributed monthly by trade union members by one percent (1) of salary or remuneration.

b) Funding of trade union shall be deducted and remitted at the percentage (%) of salary, remuneration and allowance fund paid to CNVCLD of enterprises and agencies, units. Government and chairman corps of Vietnam General Confederation of Labor shall unify in providing for the rate of deduction and remittance.

c) Other revenues: Revenues from culture or sport activities, production, business and service provision which are held by trade union, donations of foreign and domestic organizations.

2. Finance of trade union shall be used to pay for the following expenditures:

a) Expenditure to pay salaries for full-time cadres, responsibility allowances of trade union cadres.

b) Expenditure for activities of trade union.

c) Expenditure for care, help of trade union members and social work held by trade union.

d) Expenditure involving commendation for collectives, cadres, trade union members and meritorious persons in building trade union organizations.

Article 40. Management of trade union finance shall comply with the principle of concentration, democracy and publicity. Trade unions at all levels shall manage finance as prescribed by law and provisions of the Vietnam General Confederation of Labor. Annually, executive board of trade union shall approve budget estimate and final settlement of its level.

Article 41. Assets from capital source of trade union, assets which trade union is transferred ownership by state shall be assets owned by trade union The Vietnam General Confederation of Labor shall be is owner of all assets of Vietnam trade union organizations. The Vietnam General Confederation of Labor shall assign task of management, use of assets to Trade union at all levels and Trade union at all levels shall take responsibilities before the Vietnam General Confederation of Labor and before law for use and management of such assets.

Chapter VII

COMMENDATION - DISCIPLINE

Article 42. Cadres, members of trade union, meritorious persons in building trade union organizations, trade union levels and occupational unions which have excellent operation achievements shall be entitled to propose trade union for commendation.

Article 43.

1. If organizations, collective of executive boards, collective of standing agency of trade union at all levels, cadres and members of Vietnam trade union violate Charter, resolutions and provisions of Vietnam Trade Union shall, depending on seriousness, be disciplined publicly, exactly and timely.

2. Forms of discipline:

a) For organizations, collective of executive boards, collective of standing agency of trade union at all levels: reprimand, caution, dispersion.

b) For cadres, members: reprimand, caution, dismissal, exclusion.

3. Competence of discipline execution:

a) The executive board of superior trade union shall consider and decide on discipline execution over organizations, collective of executive boards, collective of standing agency.

b) The trade union group or occupational union group shall suggest the exclusion of members to the executive board of trade unions at grassroots or occupational unions for consideration, decision. The superior trade union shall decide in special cases. A trade union member who has been disciplined in form of exclusion, after he has repaired errors, if he wishes, he shall be considered to be re-acceded in trade union.

c) Conference of executive board of trade union at a level shall consider the discipline execution of one member of the executive board of trade union at that level and suggest the superior trade union for decision. The Executive Board of Vietnam General Confederation of Labor shall decide on discipline execution applied to its members.

d) The discipline execution of inspection committee or its members shall apply forms of discipline such as collective of executive board and members of executive board of trade union at the same level.

Chapter VIII

COMPLIANCE WITH THE VIETNAM TRADE UNION CHARTER

Article 44. The chairman corps of Vietnam General Confederation of Labor shall guide implementation of Vietnam Trade Union Charter Organizations, collectives of executive boards, collectives of standing agency of trade union at all levels, cadres and members of Vietnam trade union must strictly comply with Vietnam Trade Union Charter. New matters have just arisen and not been stated in the Charter, Executive Board of Vietnam General Confederation of Labor shall consider and guide to be appropriate with general conditions.

Trade Union Congress nationwide has passed the Vietnam Trade Union Charter. Only Trade Union Congress nationwide has right to supplement, amend the Vietnam Trade Union Charter.

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