Guiding procedures for establishing grassroots trade unions for enterprises
1. Procedure overview
1.1 Procedures for approving the congress of establishment of grassroots trade unions
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STT
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Category
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Content
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1
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Conditions for establishment
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A grassroots trade union is established when the unit meets the following 02 conditions[1]:
- Legal employers;
- When there are 05 union members or 05 or more employees, there is an application to voluntarily join the Vietnamese trade union.
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2
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Participants in the congress
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- For enterprises that do not have a grassroots trade union, employees voluntarily establish a grassroots trade union mobilization committee.
- After fully satisfying the conditions for establishing a grassroots trade union, the enterprise shall organize a congress to establish the grassroots trade union and elect the executive committee of the trade union, the participants include:
- Mobilization Committee for the establishment of grassroots trade unions;
- Employees working at enterprises who are already union members or not yet union members apply to join the Vietnam Trade Union;
- Representatives of superior trade unions, enterprises and other sectors (if any) attended and witnessed the congress of the establishment of the grassroots Trade Union.
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3
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Contents of the grassroots trade union establishment congress
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- Declare the reason, introduce the delegate.
- Report on the process of mobilizing employees to join the trade union and the preparation for the establishment of the grassroots trade union.
- Announcing the list of employees who have voluntarily applied to join the trade union.
- Declaration of establishment of grassroots trade unions.
- The representative of the superior trade union made a speech (if any).
- The employer speaks (if any).
- Election of grassroots trade union executive committees.
- Election of grassroots trade union presidents.
- Approve the operation plan of the grassroots trade union.
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4
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Note
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- The election at the congress shall be carried out in the form of secret ballot.
- The ballot must be signed by the head of the campaign committee in the left corner, above the ballot.
- After the end of the congress, the mobilization committee handed over the entire congress dossier to the executive committee or the chairman of the grassroots trade union.
- After the end of the congress, the grassroots trade union shall hold a meeting of the executive committee of the trade union to elect: Chairman, vice president, inspection committee and chairman of the inspection committee of the trade union (if eligible) and other positions in the trade union.
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5
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Result
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Establish grassroots trade unions and elect members of the trade union executive committee.
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1.2 Procedures for requesting recognition of grassroots trade unions
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STT
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Category
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Content
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1
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Receiving agency
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Direct superior trade union[2]
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2
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How to do it
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Direct Submission
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3
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Components of the dossier
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A set of documents includes[3]:
- Written request for recognition of union members, grassroots trade unions and election results of the Executive Committee, Standing Committee, Inspection Committee and titles of the Executive Committee and the Trade Union Inspection Committee.
- List of union members and applications to join the Vietnam Trade Union of employees.
- List of cross-excerpts of resumes of members of the Executive Committee, Standing Committee, and members of the Grassroots Trade Union Inspection Committee.
- Minutes of the grassroots trade union establishment congress.
- The record of counting votes for the election at the congress of the establishment of the grassroots trade union and the record of election at the meeting of the executive committee (if any).
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4
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Fees
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Not
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5
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Result
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- Decision on recognition of grassroots trade unions; or
- Notify in writing if they are not eligible for recognition of grassroots trade unions.
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[1] Article 13 of Decision 174/QD-TLD dated 03/02/2020 of the Vietnam General Confederation of Labor.
[2] Point a, Clause 1, Article 11 of Decision 174/QD-TLD dated 03/02/2020 of the Vietnam General Confederation of Labor and subsection 12.4, Section 12 of Guidance 03/HD-TLD dated 20/02/2020 of the Vietnam General Confederation of Labor.
[3] Point b, Subsection 12.3, Section 12 of Guideline 03/HD-TLD dated 20/02/2020 of the Vietnam General Confederation of Labor.