1.Levels of trade union due for Employees as union members?
1.1. Levels of trade union due
Employees as union members must pay union dues when the grassroots trade union at their workplace has been established. The union due levels for Employees as union members are specifically stipulated as follows[1]:
- For Employees as union members Employees in the trade unions of non-state enterprises (including trade unions of the joint-stock companies where the State does not hold dominant shares); non-public non-business units that will enjoy salaries beyond the payroll and salary grades prescribed by the State; union of cooperatives; foreign organisations and international organisations operating in the Vietnamese territory; managing offices of the foreign parties to business cooperation contracts in Vietnam; union members working abroad, the union due rate is equal to 1% of the salary as a basis for SI payment under the Law on SI (but the maximum monthly union due rate is only equal to 10 % of the base salary as prescribed by the State); and
- For Employees as union members in the grassroots trade unions of state agencies; political organisations, socio-political organisations, socio-political and professional organisations, social organisations, socio-professional organisations; units of the people’s armed forces; non-business units enjoying salaries under the payroll and salary grades prescribed by the State, the monthly union due rate will be equal to 1% of their salaries serving as a basis for SI payment under the Law on SI.
The salary serving as a basis for SI payment is the one calculated in terms of grade, title, LC, employment contracts, position allowances, beyond-bracket seniority allowances, and occupational seniority allowances. When the salary as the basis for SI payment is changed, the salary as a basis for paying union dues will change in accordance with the Law on SI[2].
1.2. Method of paying union dues
Employees as union members may pay union dues in one of the following ways:
- Paying directly each month to union groups, department unions, member grassroots unions, grassroots unions, syndicates (as delegated by grassroots trade unions, syndicates); or
- Being collected through monthly salary (in cash or by transfer) after the agreement by union members. In this case, the union due collection proceeds must be certified by the corporate accounting department and there is a detailed list of union members paying union dues.
2. Violation in terms of union due payment
Pursuant to the Charter of the Vietnamese Trade Union, union members are obliged to pay union dues[3]. Therefore, union due payment is compulsory for Employees as union members. When Employees as union members violate the regulations on paying union dues including failure to pay, delayed payment or inadequate payment as opposed to the prescribed level, the group, individuals and related persons assigned in the collection and remittance of union dues will not be considered for nomination of the title of “emulative soldier” of the year, and at the same time this will be notified to the EC of the Immediate Superior TU[4].
Apart from the said provisions, the current law only stipulates the administrative sanctions and the forced retrospective collection of trade union dues against Employers[5] without further stipulating the responsibilities of Employees as union members in case of their failure to pay, delayed payment or inadequate payment as opposed to the prescribed level. Therefore, at present, there is no legal basis to punish or impute the blame to Employees upon their violation of the regulations on paying union dues. However, in practice, Employees who violate the regulations on paying union dues may be underestimated in terms of their behaviours and expressions in jobs, and Employers’ compliance with the regulations as well as union activities will be similarly assessed.
3. Are there any exemptions from or reductions of trade union dues?
Pursuant to Decision No. 1908/QĐ-TLĐ, Employees as union members shall not pay union dues in the following cases:
- Union members who enjoy SI benefits for one month or more, shall not pay union dues during benefit entitlement; and
- Union members who have no job, have no income, leave their jobs for one month or more without salary, no union dues are required during this period.
Apart
from the cases where the union dues are not paid, the law does not stipulate
any other cases where Employees as union members will be exempted from or
reduced in paying union dues.
[1]Article 23 of Decision 1908/QĐ-TLĐ dated 19/12/2016
[2]Article 23.1 of Decision 1908/QĐ-TLĐ dated 19/12/2016
[3]Article 4.2 Charter of the Vietnamese Trade Union
[4]Article 28 Decision 1908/QĐ-TLĐ dated 19/12/2016
[5]Article 24 (c) Decree 95/2013/NĐ-CP dated 22/08/2013 as amended and supplemented by Decree 88/2015/NĐ-CP dated 07/10/2015