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Circular 33-Ld/tt: Guide To Law Enforcement Unions And The Prime Minister's Decree On The Enforcement Of The Law On Trade Unions In Enterprises, Agencies, Schools, State Agencies And Unions.

Original Language Title: Thông tư 33-LĐ/TT: Hướng dẫn thi hành Luật Công đoàn và Nghị định của Thủ tướng Chính phủ về việc thi hành Luật Công đoàn trong các xí nghiệp,cơ quan, trường học nhà nước và cơ quan đoàn thể...

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CIRCULAR guiding the implementation of some articles of the law on trade unions and the Prime Minister's Decree on the enforcement of the law on trade unions in garment factories, State-school bodies and mass LABOR MINISTER people dear to the Ministry, the Central sector of the zone Administrative Committee , city, province.

Pursuant to the law the Union and the Prime Minister's Decree on the enforcement of public law group and after reaching the comments with the Interior Ministry, the Ministry of finance and the Vietnam General Confederation of labor, the Ministry of Labour issued this circular aims to guide the implementation of the terms of : provide the means of operation for the Union; pay and other benefits for staff to do the work of the Union; extract filed an expense in the enterprises, agencies, schools and mass people 1. Provide active means for hoian pursuant Article 12 of the law of the Union and article 17 of the Decree of the Prime Minister, the level of Government, enterprises, State bodies including the mass people, depending on the requirements of each situation and work place to provide the necessary means for the Union agency levels , such as: door to do Office, meetings, entertainment, furniture, tools to work, meetings, the communications media such as automobile, bicycle, phone and work as typewriters, printers, etc. in order for the Union to work easily.

Guidelines for implementation of the right to enforce the terms of the above provisions, the provision made according to two principles: 1. Pursuant to the request and the volume of each Trade Union bodies each level to provide the means for appropriate trade union activities with the mass properties of the Union organizations consistent with the circumstances of each local capabilities.

2. at the level of authority does provide facilities for Trade Union bodies that level, appropriate to the local situation and the correlation with the agencies at each level. In particular:-for bodies Of labor unions including the Vietnam subsidiaries, business units (except the business organization) and of the Union Union central agencies by the Ministry of finance to provide consistency across General Labor Federation.

-For Union Nations levels (district, city, province). At the level of the Administrative Committee by that level offers.

-For vertical industry Union (nation, region, city, province), affiliated unions Of the Federation where workers due to government bodies at the same level in the order or in the industry that offer.

-Union for the enterprises, agencies, schools and mass (below will collectively, the companies) by the Director of the enterprise, agency heads, schools provide.

Methods of implementation: to make specific provision for every first year Union Executive Board each issued pursuant to the aforesaid spirit and on the basis of the means already available to set up a plan that articulates the requirements of their activities and the necessary facilities should be provided more , the media would have had enough. In the plan including the costs of repair, used as: money scheduled to repair homes, vehicles, tools; petrol oil for machinery, automobiles but excluding fees, electricity Office, postage A planned right through the Trade Union Committee of the supervisor and submitted to government agencies (or unions) offer progressively according to the plan. Cases of sudden need to be given more then the Trade Union Executive Committee established the supplementary estimates.

The provision may be made in cash or in kind depending on the circumstances and the ability of each place.

The preservation and use of the means of operation of the Agency, the General Confederation of labor, Union, Union, unions, Union affiliated to the vertical sectors Of labor unions by the Government at the same level are written to the Windows system design property of the Union. The Executive Committee of the Union for preservation and use, when not in use to deliver the return to the Government. The cost of repair, used by government agencies to allocate each month or each quarter as proposed by the Union, in the account already planned for the Union.

But in factories, the Agency then the activities of the Union Government (or unions) offer still log statistics property of the enterprises, the Agency (or unions), the Executive Board of the Union preserved, use. The cost of repair, used by the enterprises, the Agency (or Union) take in account and has scheduled about this for the Union.

2. The salary and other benefits of staff who are dedicated to working on The Union payroll and other entitlements for staff who are dedicated to making the work of the Union or when Union members or Union officers was sent to school, going to meetings, according to article 15, 16 of the law of the Union and article 18a of the Prime Minister's Decree is intended to guarantee normal activities for the officials and Union members that while doing the work of the Union to promote the positive properties of officials, Union members in the work of unions in garment factories, the Agency.

Namely: for officers who are dedicated to doing the work of Labor Union in enterprises, agencies are paid and extra allowances into the salary as regional allowances, allowances in the special zone (if any) as are producing or working professionals and sponsored by the Union Fund. In addition to that officers still enjoy the benefits of learning, rewards, benefits, social insurance such as: benefits of sickness, childbirth, elderly, accidents, child allowances, bonuses etc. due to the enterprises or bodies covered.

For officers to do the work of the Union in the hour (not escapist professional work in enterprises, the Agency (according to article 18a Prime Decree) pay, allowances and other benefits while production or do the work professionally and by the enterprises or bodies covered.

The officers Union members Union (not escapist professional work) was, by trade union association meeting or the Danish sector unions from provincial level to summon the unions negotiated basis with grant in charge of enterprises, the Agency to arrange the work, to avoid compromising the work plans of the enterprises , the Agency. Wages and the extra allowances into the salary as allowance, special allowance area (if any) including diem who then summoned by the Union level. The administrative bodies of the enterprises, the Agency will pay to the Executive Board of the Union base. In addition to the other rights such as the rights of learning, rewards, benefits, social insurance, child allowances, etc. all due coverage, companies such as when officers, Union members which are production or professional work.

3. The CITES Trade Union funding submission: Now tell the enforcement of Article 21 c of public law group and articles 19, 20, 21, 22, 23 of the Prime Minister's Decree as follows: in the enterprises, State authorities including the entire people have agency union organizations (or Union), then Director of the enterprises the monthly heads, filed into the Union's account at the National Bank of Vietnam an amount called the Union funds by two percent (2%) of the total allocation, in the salary for workers, employees, irrespective of the employees in the payroll or out , inside or outside the Union, working long term or short term.


When calculating the total amount of salary to cite the Union funding submission regardless of mode, form and amount of pay based on a "regulated component of the total salary" of the State Planning Committee to plan expenses in wages, but not counting the honorarium for the population of the , royalties for authors and the account was credited at article 20 of Decree of the Prime Minister.

For the Portage workers have had unions (according to article 21 of the decree by the Prime Minister) to regularly ensure your shipping requirements for enterprises, agencies, not to mention making more or less days in a month, the enterprises, the agency hired to lend based on the stock price, the tariffs to file more 2% money funds like factory Union member unions at the Bank Country of Vietnam. Enterprises, the Agency can negotiate with the Trade Union Committee of the facility to submit once in the head, according to article 22 of the Decree of the Prime Minister.

The money quote filed an expense in enterprise unions planned to fund the business of enterprises and calculated in the price. The money quote filed in Union funds the Agency planned to fund administrative expenditure or a career.

Each month after complete payment of wages for all employees (except those terms not to republish the submission), the enterprises, the Agency will extract filed that month's Union expenditure for the period from 1 to 10 months later.

After you have submitted the expense of unions and the former enterprise funds, the Agency has spent on the work of the Union as money books, sport, free Office v.. v ... now going by. The problems that the spending boundaries between trade unions and enterprises, the Agency is still unknown by the Ministry of finance and the Vietnam General Confederation of labor instructions.

Union funding submission to be exact, monthly administrative departments of the enterprises, the Agency is consistent with the opinion of the Executive Committee of the Union base on Trade Union funding amount in months. A listed money funding the Union filed into the Bank by the directors of the enterprises, the heads (or men have authorization) and representatives of the Executive Committee of the Union base sign, seal the Trade Union Committee of the base sign, stamp and legal both places.

Protocol about Union funding submission to the National Bank of Vietnam will do General Labor Federation and the National Bank of Vietnam.

Managing enterprise sectors, the Agency can unify the submission of funding the Union instead of the subdivisions of the industry. Protocol enforced by the Vietnam General Confederation of labor and the Department of industry related decision.

The case is too restrictive for which the unit is responsible for not fully funding the Union (article 23 of the decree by the Prime Minister), the Executive Board of the Union base report for the Director of enterprise, agency heads are responsible for resolution. If not resolved, the Union will notify the Administrative Commission and the local labor authorities to resolve. Case it is necessary to do the transfer protocol under article 23 of the decree by the Prime Minister will have private provisions. What mainly enterprises, the Agency clearly its responsibility towards the public, the Steering level frequently to prompt enforcement subordinates for good.

To give the Union time to use the Fund of funds 2% since the beginning of the year 1959, the enterprises, the Agency calculated the expense of the Union starting in December 1958 and filed in early January 1959.

Ask the ministries concerned for the enterprises, the Agency in the industry ourselves prepared to enforce for good.

Hanoi, December 27, 1958 (signed) Nguyen Van Made