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Decree No. 96/2006 / ND-CP

GOVERMENT

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No: 96/2006 / ND-CP

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Ha Noi, May 14 2006 09

DECREE

Guidelines for implementation of Article 153 of the Labor Code

the trade union executive boards in enterprises

GOVERMENT

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

Pursuant to the Trade Union Law 06 dated 30 May 1990;

Pursuant to Article 153 of the Labor Code on 23 May 06, 1994; Law amending and supplementing some articles of the Labour Code on 02 May 04, 2002;

After reaching agreement with the Vietnam General Confederation of Labour,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope

The Decree stipulates the appointment of the Executive Committee the provisional trade union, rights and responsibilities of trade union executive boards in enterprises, the responsibility of the state bodies, trade unions and employers .

Article 2. Subjects of application

Trade union organizations, enterprises of all economic sectors where no established unions.

Article 3. Appointment of the Executive Committee of the provisional trade union at the enterprise

1. The enterprise is established, no later than six months from the date of commencement of operations, the local trade union or trade union associations (including Labor Federation provinces and cities directly under the Confederation; Central Trade Union national, trade union affiliated corporations Confederation; Labour Confederation districts, towns and provincial cities, local trade union, the union of export processing zones, industrial parks and high-tech zones ; union corporations and unions the immediate superior of the other establishments ... hereinafter referred to as the superior trade union) is responsible for establishing the basis of trade union organizations under the provisions of the Labour Code, the Law trade unions and trade union charters Vietnam to represent and protect the legitimate rights and interests, the legitimacy of workers and labor collectives.

2. After the period specified in paragraph 1 of this Article, if the enterprise has not established a trade union base, superior trade union executive committee appointed provisional trade union to represent and protect the rights and interests legitimate, the legitimacy of workers and labor collectives.

3. The provisional trade union executive was appointed in enterprises with legal status, seal, may open accounts, have the right and responsibility as stipulated in Article 5 of this Decree.

4. The uptime and extend the activities of the executive committee of the provisional trade regulations comply with the Vietnam General Confederation of Labour.

Article 4. Conditions, competence and order of the Executive Committee appointed provisional trade union

1. Enterprises after six months in operation but have not yet been established, the trade union organizations designated establishment of the provisional trade union executive.

2. superior trade union as provided for in Clause 1, Article 3 of this Decree authorized the Executive Committee appointed provisional trade union.

3. superior trade union organizing propaganda and mobilization of enterprise workers join trade unions; admission decision and assign members Executive Committee of the provisional trade among union members are admitted.

chapter II

RIGHTS AND RESPONSIBILITIES OF THE EXECUTIVE BOARD

TRADE UNION TIME COMING IN NOW

Article 5 Powers and responsibilities of the executive committee of the provisional trade

1. To represent and protect the legitimate rights and interests, the legitimacy of workers in enterprises in accordance with law.

2. To propagate and popularize the Trade Union Law, labor law, regulations and policies related to employees and the rules and regulations of the enterprise. Propaganda about unions, advocacy workers join unions and union members admitted, proposed the establishment of grassroots trade unions in accordance with the provisions of the Charter of the Vietnam Union when eligible.

3. Engage with employers outlined measures to develop production and business development; job security, physical care benefits, worker morale.

4. Implementation of revenue and expenditure and financial management, the union's assets in accordance with the provisions of the state and the Vietnam General Confederation of Labour.

Article 6. Executive Committee Member of the provisional trade union

1. Member of the Executive Committee's provisional trade union workers work in businesses. In case of necessity, the union elected and appointed superior union officials in charge as the Chairman or Vice Chairman of the Executive Committee of the provisional trade union in the enterprise.

2. The Chairman of the Executive Committee or the provisional trade union who was chairman of the executive committee of the provisional authorization delegation attend and participate in meetings is now discussing the relevant content directly to the right obligations and interests of workers. May reserve their opinions in the case of disagreement with the decision of the employer, the union proposals with superior and competent agencies for settlement.

3. Where the President, Vice President or the Executive Committee members is provisional trade union by union officials appointed on a full grant will receive the salary and allowances paid by Union funds; enjoy the rights and collective welfare as all workers in the enterprise according to corporate regulation or collective agreement; ensuring the conditions are in union activities as provided for in Article 155 of the Labor Code.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES,

ORGANIZATION OF THE UNION AND THE EMPLOYER

Article 7. Responsibilities of state agencies

Authorities at all levels, state management agencies on labor and related industries are responsible for creating conditions for trade union executive committee appointed provisional and activities in accordance with law; regularly inspect and supervise the implementation of this Decree.

Article 8. Responsibilities of unions

1. Unions immediate superiors have the responsibility to direct and guide the activities of the Executive Committee of the Interim Group.

2. Perform inspection and supervision of businesses in ensuring trade union rights of workers and operating conditions of the Executive Committee the provisional trade union as prescribed by law.

Article 9. Responsibilities of Employers

1. Collaboration and create favorable conditions for trade union organizing propaganda superior development committee members and appointed provisional trade union executive in the enterprise.

2. Ensure that the conditions prescribed by law for the executive committee of provisional trade activities. Coordinate with the provisional trade union executive solving problems in labor relations. Invite representatives of the provisional trade union executive attended meetings related to the rights, obligations and legal interests, legitimate workers in the enterprise.

3. It is strictly forbidden to obstruct trade union activities in the enterprise.

Chapter IV

TERMS ENFORCEMENT

Article 10. Effect

This Decree shall take effect after 15 days from the date of its publication. Vietnam General Confederation of Labour are responsible for guiding the implementation of this Decree after consulting the Ministry of Labour - Invalids and Social Affairs and other ministries and agencies.

Article 11. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, Chairman of People's Committees of provinces and cities directly under the Central Government, trade unions at all levels, agencies, organizations and businesses associated responsible for the implementation of this Decree. /.

 

TM. GOVERMENT

PRIME MINISTER

(Signed)

Nguyen Tan Dung



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