I. LEGAL BASIS

• Decision No. 174/QD-TLD promulgating the Charter of the Vietnam Trade Union (12th Tenure).

• Guideline No. 38/HD-TLD guiding the implementation of the Charter of the Vietnam Trade Union

II. CONDITIONS AND PROCEDURES FOR ESTABLISHMENT

1. Conditions for establishing a grassroots trade union

According to Clause 1, Article 13 of the Charter of the Vietnam Trade Union (12th Tenure), a grassroots trade union is a base-level organization of the Vietnam Trade Union and shall be established when the following two conditions are fully met:

• The grassroots trade union is established at one or several legally operating employing entities;

• There are at least 05 union members or 05 employees voluntarily submitting applications to join the Vietnam Trade Union.

 2.  Procedures for establishing a grassroots trade union

According to Section 13 of Guideline No. 38/HD-TLD, the procedure for establishing a grassroots trade union is as follows:

Step 1: Campaigning and preparing to organize the establishment congress of the grassroots trade union

• In places where a grassroots trade union does not yet exist, union members or employees have the right to establish a campaign committee for the establishment of a grassroots trade union (hereinafter referred to as the campaign committee).

• The campaign committee shall consist of at least three persons, including the head and members, to carry out the tasks of disseminating information, mobilizing employees to join the trade union, and organizing the establishment congress of the grassroots trade union.

• When there are 05 or more persons (including union members and employees who have applied to join the trade union) voluntarily associating to establish a grassroots trade union, the campaign committee shall prepare and organize the establishment congress in accordance with the guidance of the upper-level trade union.

• The campaign committee shall terminate its duties after the successful organization of the establishment congress.

Step 2: Organizing the establishment congress of the grassroots trade union

Attendees of the establishment congress:

• The campaign committee for the establishment of the grassroots trade union;

• Union members and employees who have applied to join the trade union;

• Representatives of the upper-level trade union, representatives of the local Party committee, and the entity (if any) where the grassroots trade union is established;

• Additionally, based on the actual situation and conditions, the campaign committee may invite the employer and employees who have not yet applied to join the trade union to attend and witness the establishment congress (upon the opinions of the immediate upper-level trade union).

Contents and agenda of the establishment congress:

• Salutation of the Flag (National Anthem and the Traditional Song of the Vietnam Trade Union).

• Statement of reasons and introduction of delegates.

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

• Announcement of the list of employees who have applied to join the trade union.

• Declaration of the establishment of the grassroots trade union.

• Speeches by the representatives of the Party committee (if any) and the upper-level trade union.

• Speech by the employer (if any).

• Election of the Executive Committee of the grassroots trade union.

• Election of the President of the grassroots trade union.

• Adoption of the operation plan of the grassroots trade union.

• Note: The forms of election and voting at the establishment congress shall comply with Section 9.4 of Guideline No. 38/HD-TLD of 2024.

Step 3: Preparing the application dossier requesting the upper-level trade union’s appraisal and recognition

The dossier requesting appraisal and recognition of the grassroots trade union includes:

• A written request for recognition of union members and the grassroots trade union; recognition of the election results of the Executive Committee, the Inspection Committee (if eligible), and the titles within the Executive Committee and Inspection Committee.

• The minutes of the establishment congress.

• The minutes of the first meeting of the Executive Committee of the grassroots trade union.

• The employees’ application forms to join the Vietnam Trade Union.

• The vote-counting minutes at the establishment congress and the vote-counting minutes at the first meeting of the Executive Committee of the grassroots trade union.

• A summarized curriculum vitae list of the members of the Executive Committee, the Standing Committee, the Inspection Committee (if eligible), and the titles within the Executive Committee and Inspection Committee.

• Photocopy of: Enterprise Registration Certificate or Certificate of Operation Registration of the branch/representative office (affixed with the entity’s hanging seal at the top left corner).

Step 4: Appraisal and recognition by the upper-level trade union

Within 10 working days from the receipt of the dossier for establishing the grassroots trade union, the upper-level trade union shall have the responsibility to:

• Appraise the dossier; if conditions are fully met, issue a decision recognizing the union members, the grassroots trade union, the Executive Committee, the Inspection Committee (if any), and the titles within the Executive Committee and Inspection Committee as prescribed.

• If the dossier is ineligible, the upper-level trade union shall notify in writing and guide the execution as follows:

  • Supplement and complete the dossier when documents and materials are missing or fail to ensure requirements.

  • Re-execute the procedures if a failure to comply with the regulations of the Charter of the Vietnam Trade Union is discovered.

  • Once the dossier and materials are ensured, re-submit them to the upper-level trade union for appraisal and recognition (the time for completing the dossier shall not exceed 10 working days).

• Upon recognition by the upper-level trade union, the Executive Committee of the grassroots trade union shall carry out the procedures for seal engraving, opening an account at a bank or the State Treasury for operational transactions; concurrently, deploy the operation plan agreed upon at the establishment congress in line with the directives and guidelines of the upper-level trade union.

The above is our complete article on the Procedures for establishing a grassroots trade union. If Clients need more detailed consultation and answers, as well as instructions on how to access this service, please directly contact Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, or send a service request via email: lawyer@hongbanglawfirm.com.

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Sincerely!

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