Nghị định 96/2006/NĐ-CP của Chính phủ về việc hướng dẫn thi hành Điều 153 Bộ luật Lao động về Ban Chấp hành Công đoàn lâm thời tại doanh nghiệp

DECREE

GUIDING THE IMPLEMENTATION OF ARTICLE 153 OF THE LABOR CODE REGARDING PROVISIONAL TRADE UNION EXECUTIVE BOARDS IN ENTERPRISES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 30, 1990 Trade Union Law;

Pursuant to Article 153 of the June 23, 1994 Labor Code, and the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code;

After consulting the Vietnam Labor Confederation,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree provides for the designation of provisional trade union executive boards in enterprises, rights and responsibilities of such provisional trade union executive boards, and responsibilities of state agencies, trade union organizations and labor users.

Article 2.- Subjects of application

Trade union organizations and enterprises of all economic sectors in which trade union organizations have not been set up.

Article 3.- Designation of provisional trade union executive boards in enterprises

1. Within six months after newly established enterprises commence operation, local trade unions or trade unions of branches (including provincial/municipal Labor Federations under the Vietnam Labor Confederation; trade unions of central branches and corporations trade unions under the Vietnam Labor Confederation; Labor Federations of rural/urban districts and provincial towns and cities, trade unions of local branches and trade unions of export-processing zones, industrial parks and hi-tech parks; corporations trade unions and immediate superior trade unions of other establishments, etc., which shall hereinafter be referred to as superior trade unions) shall establish grassroots trade union organizations according to the provisions of the Labor Code, the Trade Union Law and the Vietnam Trade Union Charter, which shall represent and protect lawful and legitimate rights and interests of laborers and labor collectives.

2. At the expiration of the time limit specified in Clause 1 of this Article, if enterprises cannot yet establish grassroots trade union organizations, superior trade unions shall designate provisional trade union executive boards to represent and protect lawful and legitimate rights and interests of laborers and labor collectives in the enterprises.

3. The designated provisional trade union executive boards in enterprises shall have the legal person status, their own seals and accounts, as well as rights and responsibilities as provided for in Article 5 of this Decree.

4. The operation duration and the prolongation of the operation duration of provisional trade union executive boards shall comply with the regulations of the Vietnam Labor Confederation.

Article 4.- Conditions, competence and order of designating provisional trade union executive boards

1. In case enterprises have operated for six months but not yet set up trade union organizations, provisional trade union executive boards shall be designated therein.

2. Superior trade unions defined in Clause 1, Article 3 of this Decree shall have the competence to designate provisional trade union executive boards.

3. Superior trade unions shall mobilize laborers in enterprises to join trade union organizations; issue decisions on admission of trade union members and designate members for the provisional trade union executive boards among the admitted trade union members.

Chapter II

RIGHTS AND RESPONSIBILITIES OF PROVISIONAL TRADE UNION EXECUTIVE BOARDS IN ENTERPRISES

Article 5.- Powers and responsibilities of provisional trade union executive boards

1. To represent and protect lawful and legitimate rights and interests of laborers in enterprises according to the provisions of law.

2. To disseminate the Trade Union Law, labor law, regimes and policies related to laborers, as well as regulations and internal rules of enterprises. To conduct propaganda about trade union organizations, mobilize laborers to join trade union organizations, admit trade union members, and propose the setting up of grassroots trade unions when all prescribed conditions are met according to the provisions of the Vietnam Trade Union Charter.

3. To join labor users in adopting measures to develop production and enterprises; to ensure employment and take care of material and spiritual benefits of laborers.

4. To effect revenues and expenditures and manage the finance and property of trade unions strictly according to the regulations of the State and the Vietnam Labor Confederation.

Article 6.- Members of provisional trade union executive boards

1. Members of provisional trade union executive boards shall be laborers working at enterprises. In case of necessity, superior trade unions shall appoint and designate trade union cadres to act as chairmen or vice chairmen of provisional trade union executive boards in enterprises on a full-time basis.

2. Chairmen of provisional trade union executive boards or persons authorized by such chairmen may attend enterprises' meetings and give their opinions on issues directly related to laborers' rights, obligations and interests. They may also reserve their opinions if disagreeing with labor users' decisions and propose superior trade unions and competent agencies to settle the disagreement.

3. Where chairmen, vice chairmen or members of provisional trade union executive boards are appointed by superior trade unions to work on a full-time basis, they shall enjoy wages and allowances paid from trade union funds, and other benefits like all laborers in enterprises according to enterprises' regulations or collective accords; and shall be given conditions for carrying out trade union activities as provided for in Article 155 of the Labor Code.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES, TRADE UNION ORGANIZATIONS AND LABOR USERS

Article 7.- Responsibilities of state agencies

Administrations at various levels, state management agencies in charge of labor and concerned branches shall create conditions for the designation and operation of provisional trade union executive boards strictly according to the provisions of law; regularly inspect and urge the implementation of this Decree.

Article 8.- Responsibilities of trade union organizations

1. Immediate superior trade unions shall direct and guide the operation of provisional trade union executive boards.

2. To inspect and supervise enterprises in assuring laborers' trade union rights and conditions for the operation of provisional trade union executive boards according to the provisions of law.

Article 9.- Responsibilities of labor users

1. To collaborate with, and create favorable conditions for, superior trade unions to develop trade union membership and designate provisional trade-union executive boards in enterprises.

2. To ensure conditions as provided for by law for the operation of provisional trade union executive boards. To coordinate with provisional trade union executive boards in settling matters on labor relations. To invite representatives of provisional trade union executive boards to attend meetings concerning the rights, obligations, and lawful and legitimate interests of laborers in enterprises.

3. To strictly prohibit all acts of obstructing the operation of trade unions at enterprises.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10.- Implementation effect

This Decree shall take effect 15 days after its publication in "CONG BAO." The Vietnam Labor Confederation shall guide the implementation of this Decree after consulting the Ministry of Labor, War Invalids and Social Affairs and concerned ministries and branches.

Article 11.- Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, trade unions at all levels, and concerned agencies, organizations and enterprises shall have to implement this Decree.