DECISION

ON AMENDMENTS TO THE REGULATION ISSUED TOGETHER WITH DECISION NO. 6696/QD-TLD DATED JANUARY 16, 2023 OF THE PRESIDIUM OF THE VIETNAM GENERAL CONFEDERATION OF LABOUR REGARDING SUPPORT GRANTED TO TRADE UNIONISTS AND EMPLOYEES SUBJECT TO REDUCED WORKING HOURS OR LABOR CONTRACT TERMINATION AS A RESULT OF THEIR EMPLOYERS’ CANCELLATION OR REDUCTION OF PURCHASE ORDERS

THE PRESIDIUM OF VIETNAM GENERAL CONFEDERATION OF LABOUR

Pursuant to the Law on Trade Unions 2012;

Pursuant to the Law on State Budget 2015;

Pursuant to the Regulations of Trade Union of Vietnam;

Pursuant to the Government’s Decree No. 191/ND-CP dated November 21, 2013, elaborating on trade union finance;

Pursuant to the Resolution No. 06/NQ-DCT dated January 16, 2023 of the Presidium of the Vietnam General Confederation of Labour regarding support granted to trade unionists and employees who are subject to reduced working hours or labor contract termination as a result of their employers’ cancellation or reduction of purchase orders;

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In the light of the request from the Labor Relation Department and the Finance Department of the Vietnam General Confederation of Labour,

HEREBY DECIDES

Article 1. Amendments to the Regulation regarding support granted to trade unionists and employees who are subject to reduced working hours or labor contract termination as a result of their employers’ cancellation or reduction of purchase orders issued together with Decision No. 6696/QD-TLD dated January 16, 2023 of the Presidium of the Vietnam General Confederation of Labour (hereinafter referred to as Decision No. 6696/QD-TLD).

1. Amendments to Article 1 of Decision No. 6696/QD-TLD as follows:

“Article 1. Scope

This Regulation prescribes implementation of support policies granted to trade union members (trade unionists) and employees who are subject to reduced working hours; are furloughed; are subject to suspension of their labor contracts; are forced to take unpaid leave; or labor contract termination when their enterprises or cooperatives (hereinafter referred to as employers) are afflicted with cancellation or reduction of purchase orders during the period from April 1, 2023 to end of December 31, 2023.”

2. Amendments to Article 2 of Decision No. 6696/QD-TLD as follows:

“Article 2. Regulated entities

1. Trade unionists and employees working under labor contracts for employers that have paid union dues before April 1, 2023.

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3. Grassroots trade unions, immediate superior trade unions (trade unions that are immediately superior to grassroots trade unions), labor confederations of provinces and cities; trade unions of incorporations or general companies directly under the Vietnam General Confederation of Labor.

4. The Office, the Office of the Inspection Committee, departments of the Vietnam General Confederation of Labour; units directly under the Vietnam General Confederation of Labour.”

3. Amendments to Article 3 of Decision No. 6696/QD-TLD as follows:

“Article 3. Support principles

1. A trade unionist or employee may apply for the above-mentioned support policy if they meet the following requirements: they were working under a labor contract at the time of application submission and they were on the employer’s payroll for at least 30 days before the start date of reduced hours, furlough, suspension of labor contract, or unpaid leave.

A trade unionist or employee who has their labor contract terminated while being ineligible for unemployment insurance may apply for the above-mentioned support policy if they were on the employer’s payroll for at least 90 days before the termination date (or at least 88 days if the termination date is April 1, 2023 or later).

2. The trade unionist or employee shall be paid a one-time support in cash or by wire transfer.

3. Trade unionists and employees may only receive one-time support from each policy for which they are eligible. A trade unionist or employee may receive all support levels, including the difference between them, if they are eligible for all policies.

If it is not possible to verify whether a trade unionist or employee has received support from a policy, they must provide a statement confirming whether or not they have received support from that policy (form No. 08 hereto appended).

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5. The deadline for granting support to trade unionists and employees is March 31, 2024.

6. Organizations and individuals shall be strictly forbidden from committing acts of abusing the support policy prescribed herein to gain personal benefits. In case where there is any violation, based on the nature and extent of violation, violating entities and persons shall be disciplined or subject to administrative penalties or the criminal prosecution process under law.”

4. Supplementation to clause 3 Article 4 of Decision No. 6696/QD-TLD as follows:

“3. If the grassroots trade union or superior trade union transfers support money to trade unionists and employees via bank accounts, the transfer fee (if any) shall be covered by the funding of the grassroots trade union or superior trade union.”

5. Amendments to Article 5 of Decision No. 6696/QD-TLD as follows:

“Article 5. Beneficiaries of support

Support shall be granted to trade unionists and employees who are subject to reduced working hours or labor contract termination as a result of their employer’s cancellation or reduction of purchase orders if they were working under labor contracts and their employers have paid union dues until April 1, 2023.”

6. Amendments to Article 6 of Decision No. 6696/QD-TLD as follows:

“Article 6. Conditions for support

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1. They are subject to reduced working hours per day or working days per week or month (except reduction in overtime), or on furlough pursuant to clause 3 of Article 99 in the Labor Code for at least 14 days.

2. Their income (including monthly compulsory contributions as per the law) in any month is equal to or less than the region-specific minimum pay specified in the Government’s Decree No. 38/2022/ND-CP dated June 12, 2022, regulating the statutory minimum pay of employees working under labor contracts.

3. The period during which they work reduced hours or are on furlough falls between April 1, 2023 and end of December 31, 2023.”

7. Amendments to clause 1 Article 8 of Decision No. 6696/QD-TLD as follows:

“1. The list of trade unionists or employees who are subject to reduced working hours or on furlough as a result of their employers’ cancellation or reduction of purchase orders. This list must be certified by both the grassroots trade union and the employer (Form No. 01 given in Appendix hereto). The payroll that includes names of trade unionists and employees subject to reduced working hours or furlough for at least one month preceding the start month of reduced working hours or furlough, which is certified by the grassroots trade level and the employer.”

8. Amendments to clause 1 Article 9 of Decision No. 6696/QD-TLD as follows:

“1. Before the 15th of every month, the grassroots trade union shall review and request the employer to cooperate in compiling the list of trade unionists and employees eligible for support, and send the application package to the immediate superior trade union. The submission deadline is end of January 31, 2024.

For employers that have not yet established a grassroots trade union, the Federation of Labour of a district, town, city, local trade unions and the equivalent, the trade union of an industrial park, export processing zone, or economic zone (hereinafter referred to as the immediate superior trade union) shall join with each employer to make a list of employees eligible for support and collect the documents specified in Article 8 of these Regulations.”

9. Amendments to Article 10 of Decision No. 6696/QD-TLD as follows:

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Support shall be granted to trade unionists and employees who are subject to labor contract suspension or unpaid leave as a result of their employer’s cancellation or reduction of purchase orders if they were working under labor contracts and their employers have paid union dues until April 1, 2023.”

10. Amendments to clause 2, clause 3 Article 11 of Decision No. 6696/QD-TLD as follows:

“2. The period of labor contract suspension or unpaid leave must fall between April 1, 2023 and end of December 31, 2023.

3. The start date of labor contract suspension or unpaid leave must fall between April 1, 2023 and end of December 31, 2023.”

11. Amendments to clause 1 Article 13 of Decision No. 6696/QD-TLD as follows:

“1. The list of trade unionists or employees who are subject to labor contract suspension or unpaid leave as a result of their employers’ cancellation or reduction of purchase orders, certified by the grassroots trade level and the employer (Form No. 04 given in Appendix hereto). The payroll that includes names of trade unionists and employees subject to labor contract suspension or unpaid leave for at least one month preceding the start month of labor contract suspension or unpaid leave, which is certified by the grassroots trade level and the employer.”

12. Amendments to clause 1 Article 14 of Decision No. 6696/QD-TLD as follows:

“1. Before the 15th of every month, the grassroots trade union shall review and request the employer to cooperate in compiling the list of trade unionists and employees eligible for support, and send the application package to the immediate superior trade union. The submission deadline is end of January 31, 2024.

For any employer that has not yet established a grassroots trade union, the immediate superior trade union shall join with each employer to make a list of employees eligible for support, and collect the documents specified in Article 13 of these Regulations.”

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“Article 15. Beneficiaries of support

Support shall be granted to trade unionists and employees who are subject to labor contract termination as a result of their employer’s cancellation or reduction of purchase orders while ineligible for unemployment insurance if they were working under labor contracts and their employers have paid union dues until April 1, 2023.”

14. Amendments to clause 1 Article 16 of Decision No. 6696/QD-TLD as follows:

“1. They have their labor contracts terminated during the period from April 1, 2023 to end of March 31, 2023, except as they unilaterally terminate labor contracts in contravention of law; are sanctioned in the form of firing; fail to meet probation requirements or fall into the situation where the probation contract is made null or void by a contracting party; are paid retirement pensions or benefits for their incapacity to work on a monthly basis.”   

15. Amendments to clause 1 Article 19 of Decision No. 6696/QD-TLD as follows:

“1. Any trade unionist or employee who wishes to receive support shall send an application to the immediate superior trade union or the provincial Federation of Labour of the place where he/she resides (permanently or temporarily) or where he/she terminates his/her labor contract.

The trade union receiving the application shall examine and guide the trade unionist or employee to submit the application as defined in Article 18 herein; make a record of receipt of the application (using Form No. 06 in the Appendix hereto).

The submission deadline is the end of January 31, 2024.”

16. Supplementation of Form No. 08 in the Appendix of Decision No. 6696/QD-TLD.

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1. This Decision shall enter into force from the signing date.

2. Departments, the Office of the Inspection Committee, the Office of the Vietnam General Confederation of Labour; affiliates directly controlled by the Vietnam General Confederation of Labor; Federations of Labor in cities and provinces; central industry and equivalent-level Trade Unions; Trade Unions of Incorporations or General Companies directly controlled by the Vietnam General Confederation of Labour, shall be responsible for implementing this Decision./.

PP. PRESIDIUM
VICE CHAIRPERSON




Phan Van Anh