I. Responsibility for Trade Union
establishment
Firstly, under the Article 189.2 of Labor Code 2012, the directly
superior level trade union above a grassroots trade union has the right and
obligation to persuade employees to join trade union, and to establish a
grassroots trade union in their enterprise, agency or organization; and has the
right to require the employers and the local state administrative authority for
labor to facilitate and assist the establishment of grassroots trade union.
The employer does not have the responsibility for directly establishing
the grassroots trade union. The employer only has the obligation to facilitate
the establishment and operation of grassroots trade union.
II. Responsibility of the employer
According to Article 192 of Labor Code, the employer has the obligations
notably as follows:
i. To facilitate
employees to establish or join trade unions and to participate in their
activities
ii. To coordinate with and
facilitate trade unions at the superior level to grassroots trade unions
iii. To guarantee the operational
conditions for trade union
iv. To consult the opinion of the
executive committee of the grassroots trade union before issuing the
regulations relation to the rights and obligations of and policy regimes
applicable to employees.
v. To extend labor contract for the
employee who is a part time trade union officer
III. Trade Union Fee and method of payment
According to Article 26 of Trade Union Law No.12/2012/QH13, the Trade
union funding [budget] shall be paid by the agency, organization or enterprise
[employer] at 2% of the payroll which is used to provide a basis for payment of
social insurance premiums for employees.
According to Article 5 of the Decree No. 191/2013/ND-CP on the
remittance level and basis of remitting trade-union fee:
The remittance level shall be 2% of salary fund which are used as the
basis for social insurance payment for employees. This salary fund shall be
total salaries of employees under objects payable social insurance in
accordance with law on social insurance.
According to Article 5 of the Decree No. 191/2013/ND-CP, the employer
shall pay trade-union one every month at the same time of compulsory social
insurance payment for employees.
IV. Administrative fine on Trade Union
According to the Decree No. 95/2013/ND-CP on penalties for administrative
offences in the sectors of labor, social insurance and Vietnamese labor export
to foreign countries pursuant to contracts:
With respect to the breaches of provision on trade union, the employer
may be fined of from 01 million VND to 15 million VND.
Notably, a fine of from ten (10) to fifteen (15)
million dong shall apply to any employer who hinders or causes difficulty for
employees to establish or join a trade union or participate in its activities