Establishment of Grassroots Trade Union

A. Procedures for establishment of the Grassroots Trade Union

1. Legal basis

– Charter of Vietnam Trade Union

– Guidance No. 03/HD-TLD on the implementation of the Charter of Vietnam Trade Union.

2. Establishment procedure

(a) Conditions for establishment of grassroots trade union

Pursuant to Article 13.4 of the Law on Vietnam Trade Union, a grassroots trade union is a grassroots organization of a Vietnamese trade union and is established when the following two conditions are fully satisfied:

– Having established one or more lawfully operating employers; and

– Having 05 union members or 05 employees or more, applying to voluntarily join the Vietnam Trade Union.

 (b) Procedures for establishment of the Grassroots Trade Union

Step 1: Establish a advocacy board to establish grassroots trade union

– In places where there is no grassroots trade union, employees voluntarily establish a committee to mobilize the establishment of a grassroots trade union (hereinafter referred to as the advocacy board).

– The advocacy board propagates, mobilizes, and receives applications to join the union of employees.

– During the process of mobilizing workers to join the union, members of the advocacy board appoint one person to be the head of the advocacy board and contact the nearest superior trade union for guidance and support.

When 5 or more people (including employees who are currently union members and employees who have applied to join a trade union) voluntarily join to establish a grassroots trade union, the head of the advocacy board to contact the superior trade union for assistance in the preparation and organization of the grassroots trade union congress.

Step 2: Hold a congress to establish the grassroots trade union

– Members attending the congress include:

+ Advocacy board to establish grassroots trade union.

+ The employee who is working at the employer who is a union member or not yet has an application to join the Vietnam Trade Union.

+ Representatives of superior trade unions, employers and other members (if any) attend and witness the congress of establishment of grassroots trade union.

– The organization and administration of the congress to establish the grassroots trade union shall be carried out by the advocacy board; may invite more union members, employees outside the advocacy board, with experience and prestige to participate in the administration or act as the secretary of the congress

– Contents of the congress to establish the grassroots trade union include:

+ Declare the reason and introduce attending members.

+ Report on the process of mobilizing employees to join the trade union and preparing for the establishment of grassroots trade union.

+ Announce the list of employees who have voluntarily joined the grassroots trade union.

+ Declaration of establishment of grassroots trade union.

+ Statement of Representative of superior trade union (if any).

+ Employer’s statement (if any).

+ Election of executive board of grassroots trade union.

+ Election of the chairperson of the grassroots trade union.

+ Approving the operation plan of the grassroots trade union.

– The election at the congress to establish the grassroots trade union shall be conducted by secret voting. Voting at the congress to establish a grassroots trade union must be signed by the head of advocacy board of the grassroots trade union in the left corner of the voting paper.

– In places where, due to production and business conditions, it is not possible to convene all employees who have applied to join a grassroots trade union to attend the establishment congress of grassroots trade union, the advocacy board shall organize a collection of personnel introduction cards and distribute voting paper to elect the executive board and chairperson of the grassroots trade union to union members at rooms, departments, groups, teams, workshops and work groups; at the same time, counting votes according to regulations and announcing the election results for all union members.

– At the end of the congress to establish the grassroots trade union, the advocacy board shall hand over the entire congress file to the executive board or the newly elected chairman, including the list of the advocacy board to keep records and documents for establishment of grassroots trade union.

– The advocacy board terminates its duties after successfully organizing the congress to establish the grassroots trade union.

Step 3: Filing a request recognition of a grassroots trade union

– Hold a meeting of executive board of the grassroots trade union within 10 working days from the end of the establishment congress to elect the standing board, vice president, inspection board and chairperson of the trade union inspection board ( if eligible). The preparation process needs to contact the superior trade union for guidance.

– Within 15 working days from the end of the congress, the executive board must submit a dossier to the superior trade union to consider and recognize the grassroots trade union, the dossier includes:

+ A written request for recognition of trade union members and grassroots trade unions and election results for the executive board, standing board, inspection board and titles of the executive board and inspection board.

+ List of union members and the employee’s application to join the Vietnam Trade Union.

+ A short list of resumes of members of the executive board, standing board, members of inspection board of the grassroots trade union.

+ Meeting minutes of establishing the grassroots trade union.

+ Meeting minutes of counting votes at the grassroots trade union and election meeting minutes at the executive board (if any).

Step 4: Making a decision to recognize the grassroots trade union

Within 15 working days from the date of receipt of the dossier for establishment of the grassroots trade union, the superior trade union is responsible for:

+ Evaluating the process of establishing grassroots trade union to ensure their voluntary and objective nature; the election at the congress and the election of the executive board in accordance with the provisions of the Charter of the Vietnam Trade Union.

+ In case the grassroots trade union is established in accordance with the provisions of the Charter of Vietnam Trade Union, a decision on recognition of trade union members, grassroots trade union, executive board and titles of the executive board shall be issued as prescribed.

+ In case of ineligibility to recognize trade union members or grassroots trade union or elected titles, the superior trade union shall notify employees in writing; and at the same time, guide the correct implementation of processes and procedures to be recognized or continue to propagate and mobilize employees to voluntarily join to establish grassroots trade union in accordance with the provisions of the Charter of Vietnam Trade Union.

Step 5: Making a seal for the grassroots trade union

After the immediate superior trade union issues a decision on the recognition of trade union members, grassroots trade union and the executive board, the executive board of the grassroots trade union carries out procedures to make a seal for the grassroots trade union.

Furthermore, the grassroots trade union conducts and organizes activities in accordance with the provisions of the Charter and the Guidance for the implementation of the Charter of the Vietnam Trade Union; instructions from the superior trade union and the action plan agreed upon at the meeting to establish the grassroots trade union.

B. The scope of works of LMP Lawyers, the disadvantage if the client do it by themselves, the advantages if client is supported by LMP Lawyers

1. Scope of works

For registration of establishing the grassroots trade union, LMP Lawyers shall assist clients in performing the following tasks:

(a) Advising clients on legal issues related to the content of establishing the grassroots trade union;

(b) Preparing a list of documents and information to be provided by the client in order to draft a dossier that complies with the law and the licensing authority’s requirements;

(c) Submitting the dossier on behalf of the client to the licensing authority;

(d) Monitoring the status of the application, promptly discussing with the processing officer as soon as additional adjustments are required;

(e) Receiving results on behalf of the client and delivering the results to the client.

2. Disadvantage if clients do it themselves

With many years of experience in assisting businesses to establish the grassroots trade union, LMP realize that clients may face the following risks if clients carry out the procedures for establishing the grassroots trade union:

(a) The fact that legal documents are not clear or a provision of this legal document can be amended, supplemented, replaced or guided by other legal documents may cause difficulties to the client in determining the legal basis for the proceeding. This will result in a failure to verify that the contents are complete and in compliance with the law.

(b) Clients may not declare correctly as required by law and competent authority due to inexperience in filing documents. This makes clients take a long time to complete the procedure, affecting the progress of implementing the client’s business plans.

(c) The client misidentifies the competent authority to receive the application for establishing the grassroots trade union.

(d) The client does not closely monitor the application processing situation, leading to the inability to promptly handle the adjustment and supplement of the dossier upon request from the licensing authority.

3. Advantage if supported by LMP Lawyers

When clients are supported by LMP Lawyers, clients will receive the following advantages as follows:

(a) Clients save a lot of time in the licensing procedure because clients simply have to provide LMP with the information and documents required by LMP.

(b) The procedure is carried out quickly and accurately and in compliance with the law.

(c) Getting enthusiastic advice and support from LMP Lawyers’ experienced professionals.

Note: The content presented above is for reference only. The aforementioned content may no longer be relevant depending on the time and audience. For any detailed consultation requests, please contact LMP Lawyers.

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