Inventory SystemLL50_27112024QH15 dated November 27th, 2024 of the National Assembly on Trade Union
One of the noticeable new points of this Law is that foreign employees are allowed to participate in trade unions. To be specific, according to the regulations at clause 2 Article 5, foreign employees working in Vietnam under an employment contract with a term of 12 months or more are allowed to join and participate in operation at the grassroots trade unions.
In addition, according to the regulations at clause 1 Article 5, with regard to domestic employees that have the right to participate trade unions include employees that do not work in agencies, organizations, enterprises.
Regarding prohibited acts, at clause 2 Article 10 of this Law regulates in details acts that are regarded as discriminating against workers, trade union officials for reasons of establishing, joining trade unions, or participating in trade union activities, including:
a) Requesting others to join, not join or leave the Vietnam Trade Union in order to be recruited, conclude or renew employment contract or working contract;
b) Dismissing, disciplining, and unilaterally terminating employments contracts, working contracts; refusing to renew employment contracts, working contracts; assigning employees tasks that are not specified in the contracts;
c) Discriminating in terms of salaries, bonuses, benefits, working hours, and other rights and obligations in labor;
d) Discrimination regarding gender, ethnicity, religion, belief and other discrimination in labor;
dd) Providing false information to discredit the reputation and honor of trade union officials;
e) Promising or providing material or non-material benefits so that employees or trade union officials will not participate in trade union activities, stop working as union officials, or act against the Trade Union;
g) Exerting control in, hindering, and causing difficulties to weaken trade union operation;
Or at clause 5 Article 10 of this Law specifies acts of failure to transfer trade union contributions; delaying transferring trade union contributions; failure to transfer trade union contributions at prescribed rates; transferring trade union contributions that do not match the number of members; managing and using trade union contributions against applicable regulations.
Regarding trade union contributions, this Law remains the contribution rate of 2% of the payroll fund used as the basis for compulsory social insurance premiums for employees;
This Circular comes into force from July 01, 2025 and replaces the Law on Trade Union No. 12/2012/QH13 dated June 20, 2012.