DECISION

PROMULGATING REGULATIONS ON IMPLEMENTATION OF SUPPORT POLICIES GRANTED TO TRADE UNIONISTS AND EMPLOYEES WHO ARE FORCED INTO REDUCED WORKING HOURS OR MADE REDUNDANT BY TERMINATION OF THEIR LABOR CONTRACTS DUE TO THEIR COMPANIES’ CANCELLATION OR REDUCTION OF PURCHASE ORDERS

THE PRESIDIUM OF VIETNAM CONGENERAL FEDERATION OF LABOUR

Pursuant to the 2012 Law on Trade Unions;

Pursuant to the 2015 Law on State Budget;

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 forced into reduced working hours or made redundant by termination of their labor contracts due to their companies’ cancellation or reduction of purchase orders;

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HEREIN DECIDES

Article 1. Promulgate the Regulations on implementation of support policies granted to trade unionists and employees who are forced into reduced working hours or made redundant by termination of their labor contracts due to their companies’ cancellation or reduction of purchase orders.

Article 2. Entry in force

1. This Decision shall enter into force from the signature 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 CHAIRMAN




Phan Van Anh

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ON IMPLEMENTATION OF SUPPORT POLICIES GRANTED TO TRADE UNIONISTS AND EMPLOYEES WHO ARE FORCED INTO REDUCED WORKING HOURS OR MADE REDUNDANT BY TERMINATION OF THEIR LABOR CONTRACTS DUE TO THEIR COMPANIES’ CANCELLATION OR REDUCTION OF PURCHASE ORDERS
(to the Decision No. 6696/QD-TLD dated January 16, 2023)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

These Regulations prescribe implementation of support policies granted to trade union members (trade unionists) and employees who work reduced hours; are furloughed; are subject to temporary suspension from execution of their labor contracts; are forced to take unpaid leave; are subject to termination of their labor contracts when enterprises or cooperatives (hereinafter referred to as businesses) are afflicted with cancellation or reduction of purchase orders during the period from October 1, 2022 to end of March 31, 2023.

Article 2. Subjects of application

- Trade union members and employees working under labor contracts at enterprises that have paid union dues before September 30, 2022.

- Enterprises paying union dues before September 30, 2022 that have their orders cancelled or reduced during the period from October 1, 2022 to the end of March 31, 2023.

- Grassroots trade unions, trade unions 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.

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Article 3. Support principles

1. In each case, an employee shall be paid a one-time support in cash or by wire transfer.

2. When a trade unionist or employee is eligible for different support policies herein, they will only be entitled to the policy of highest value.

3. Where a trade unionist or employee has received the support of lower value and then qualified for the support of higher value defined herein, they may continue to enjoy the difference between two values of these support policies.

4. Where a trade unionist or employee is eligible for support defined herein, but has received the similar support of lower value as defined herein from a trade union at any level before the effective date of these Regulations, they may continue to enjoy the difference in support value between these two support policies.

5. Total amount of support that a trade unionist or employee can receive under these Regulations shall be equal to the amount of support defined in the policy of highest value.

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.

Article 4. Funding for support

Support granted to trade unionists or employees shall be funded by sources of funding of trade unions superior to grassroots trade unions as follows:

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2. If the Federation of Labor in a province and city; the central or equivalent Trade Union; the Trade Union of an Incorporation or General Company directly under the Vietnam General Confederation of Labour has less than VND 15 billion in the balance of support expenditure in the recurrent account tier 2 or 3, the Standing Committee of the Presidium of the Vietnam General Confederation of Labor must be informed of such balance to seek its approval of budget support.

Chapter II

SUPPORT GRANTED TO TRADE UNIONISTS OR EMPLOYEES FORCED INTO REDUCTION IN WORKING HOURS OR ON FURLOUGH

Article 5. Beneficiaries of financial and/or other Support

Support shall be granted to trade unionists and employees working under labor contracts at enterprises who have paid union dues before September 30, 2022 if they are working reduced hours or on furlough due to their employer’s cancellation or reduction of purchase orders.

Article 6. Conditions for support

Trade unionists and employees referred to in Article 5 shall be entitled to support if

1. they are forced into reduction in 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 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.

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Article 7. Amounts of support and payment methods

1. Amounts of support

g) If employees are trade unionists; employees who are not trade unionists are females aged 35 years or older; employees are pregnant females; employees are raising natural or adopted children or fostering children under 6 years of age, they shall be entitled to VND 1,000,000 per capita (only one person who is the mother or father or the foster carer).

b) Employees who are not trade unionists shall be entitled to VND 700,000 per capita.

2. Payment method: Support shall be paid in cash or wire transfer on a one-time basis.

Article 8. Application package

1. The list of trade unionists or employees who are forced into reduced working hours or on furlough due to their companies’ 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).

2. The copies of documents, plans or decisions stating change of working, production or business time, and reduction of daily, weekly and monthly working hours due to cancellation or reduction of purchase orders.

3. If an employee who is not a trade unionist is a pregnant female; an employee is raising a biological or adoptive child or fostering a child under 6 years old, he/she shall be required to submit the following documents other than those mentioned above: Proof of pregnancy; birth certificate or evidence of birth of the child; certificate of adoption; decision on transfer of foster care of a child issued by a competent authority.

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1. Before the 15^th 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 March 31, 2023.

For enterprises 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 propose and join with each employer to make a list of employees eligible for support and collect the documents specified in Article 8 of these Regulations.

2. Within 5 working days after receipt of the complete dossier, the immediate superior trade union shall conduct review and submit it to the Federation of Labor of the province or city, the central trade union, the trade union of an incorporation under the Vietnam General Confederation of Vietnam (hereinafter referred to as provincial Federation of Labour).

In case where the grassroots trade union is directly under the provincial Federation of Labour, the provincial Federation of Labour shall be responsible for such review.

3. Within 05 working days of receipt of the complete dossier, the provincial Federation of Labour shall issue a decision to approve the list and support funding (using Form No. 02 in the Appendix issued with these Regulations); instruct the immediate superior trade union to disburse the support funding or directly transfer the support fund to the account of the grassroots trade union, or direct the immediate superior trade union to cooperate with the enterprise (where the grassroots trade union has not yet been set up) in supporting trade unionists and employees. In case of rejection, the written notice from the provincial Federation of Labour, clearly stating reasons for such rejection, must be sent.

4. Within 05 working days of receipt of the support funding, the grassroots trade union, the immediate superior trade union and/or the provincial Federation of Labour shall cooperate with the employer in paying support to trade unionists and employees.

5. Within 07 working days from the date of completed payment of support to trade unionists and employees, the grassroots trade union shall send a list of trade unionists and employees signing for support (using Form No. 03 in the Appendix to these Regulations) or documents proving that the amounts of support have been paid to trade unionists and employees by wire transfer (if the trade union member or employee does not directly receive cash), and send it to the immediate superior trade union.

For any enterprise that has not yet established a grassroots trade union, the immediate superior trade union shall make a list of employees signing for support or documents proving that the amounts of support have been paid to the employees by wire transfer (if the payees cannot directly receive cash), and keep documentary evidence as prescribed.

Chapter III

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Article 10. Beneficiaries of financial and/or other Support

Support shall be granted to trade unionists and employees working under labor contracts at enterprises who have paid union dues before September 30, 2022 if they are working reduced hours or on furlough without pay due to their employer’s cancellation or reduction of purchase orders.

Article 11. Conditions for support

Trade unionists and employees referred to in Article 10 shall be entitled to support if:

1. they are temporarily suspended from execution of their labor contracts, or are furloughed without pay within the contract term for the minimum period of consecutive 30 days due to their employers’ cancellation or reduction of purchase orders (except due to personal causes).

2. The period of temporary suspension of the labor contract or unpaid furlough must be between October 1, 2022 and end of March 31, 2023.

3. The start date of temporary suspension of the labor contract or unpaid furlough must fall between October 1, 2022 and end of March 31, 2023.

Article 12. Amounts of support and payment methods

1. Amounts of support

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b) Employees who are not trade unionists shall be entitled to VND 1,400,000 per capita.

2. Payment method: Support shall be paid in cash or wire transfer on a one-time basis.

Article 13. Application package

1. The list of trade unionists or employees who are temporarily suspended from execution of their labor contracts, or are furloughed without pay due to their employers’ cancellation or reduction of purchase orders (Form No. 04 given in Appendix hereto).

2. The copies of written agreements on temporary suspension from execution of labor contracts or unpaid leave of trade unionists and employees.

3. The copies of written documents, plans or decisions on rearrangement of work, production and business activities due to cancellation or reduction of purchase orders that results in temporary suspension from execution of labor contracts or unpaid leave of trade unionists and employees.

4. If an employee who is not a trade unionist is a pregnant female; an employee is raising a biological or adoptive child or fostering a child under 6 years old, he/she shall be required to submit the following documents other than those mentioned above: Proof of pregnancy; birth certificate or evidence of birth of the child; certificate of adoption; decision on transfer of foster care of a child issued by a competent authority.

Article 14. Support processes and procedures

1. Before the 15^th 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 March 31, 2023.

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2. Within 05 working days after receipt of the complete dossier, the immediate superior trade union shall conduct review and submit it to the provincial Federation of Labor.

In case where the grassroots trade union is directly under the provincial Federation of Labour, the provincial Federation of Labour shall be responsible for such review.

3. Within 05 working days of receipt of the complete dossier, the provincial Federation of Labour shall issue a decision to approve the list and support funding (using Form No. 02 in the Appendix issued with these Regulations); instruct the immediate superior trade union to disburse the support funding or directly transfer the support fund to the account of the grassroots trade union, or direct the immediate superior trade union to cooperate with the enterprise (where the grassroots trade union has not yet been set up) in supporting trade unionists and employees. In case of rejection, the written notice from the provincial Federation of Labour, clearly stating reasons for such rejection, must be sent.

4. Within 05 working days of receipt of the support funding, the grassroots trade union, the immediate superior trade union and/or the provincial Federation of Labour shall cooperate with the employer in paying support to trade unionists and employees.

5. Within 07 working days from the date of completed payment of support to trade unionists and employees, the grassroots trade union shall send a list of trade unionists and employees signing for support (using Form No. 03 in the Appendix to these Regulations) or documents proving that the amounts of support have been paid to trade unionists and employees by wire transfer (if the trade union member or employee does not directly receive cash), and send it to the immediate superior trade union.

For any enterprise that has not yet established a grassroots trade union, the immediate superior trade union shall make a list of employees signing for support or documents proving that the amounts of support have been paid to the employees by wire transfer (if the payees cannot directly receive cash), and keep documentary evidence as prescribed.

Chapter IV

SUPPORT GRANTED TO TRADE UNIONISTS AND EMPLOYEES WHOSE LABOR CONTRACTS ARE TERMINATED WHILE THEY ARE NOT ELIGIBLE FOR UNEMPLOYMENT BENEFITS 

Article 15. Beneficiaries of financial and/or other Support

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Article 16. Conditions for support

Trade unionists and employees referred to in Article 15 shall be entitled to support if:

1. They have their labor contracts terminated during the period from October 1, 2022 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.   

2. They are not eligible for unemployment benefits. 

Article 17. Amounts of support and payment methods

1. Amounts of support

a) If employees are trade unionists; employees who are not trade unionists are females aged 35 years or older; employees are pregnant females; employees are raising natural or adopted children or fostering children under 6 years of age, they shall be entitled to VND 3,000,000 per capita (only one person who is the mother or father or the foster carer).

b) Employees who are not trade unionists shall be entitled to VND 2,100,000 per capita.

2. Payment method: Support shall be paid in cash or wire transfer on a one-time basis.

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1. Written application form submitted by trade unionists or employees wishing to receive support (using the Form 05 given in an Appendix hereto).

2. The copy of one of the following documents:

a) The labor contract which has expired or under which all contractual obligations have been discharged.

b) Resignation decision.

c) The written notice or agreement of termination of the labor contract.

3. The copy of the Social Insurance Book or the social insurance agency's confirmation of participation in compulsory social insurance and unemployment insurance.

4. Copies of written documents, plans, decisions on rearrangement of work, production and business of the employer leading to the termination of labor contracts with trade unionists and employees (if any).

5. If an employee who is not a trade unionist is a pregnant female; an employee is raising a biological or adoptive child or fostering a child under 6 years old, he/she shall be required to submit the following documents other than those mentioned above: Proof of pregnancy; birth certificate or evidence of birth of the child; certificate of adoption; decision on transfer of foster care of a child issued by a competent authority.

Article 19. Support processes and procedures

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

The submission deadline is end of March 31, 2023.

2. Within 05 working days of receipt of the dossier, the receiving trade union shall send the dossier to the provincial Federation of Labor of the place where the applicant terminates his/her labor contract.

3. Within 07 working days of receipt of the dossier, the provincial Federation of Labour of the place where the applicant terminates the labor contract shall collect necessary documents related to the applicant (if possible), review (or direct the immediate superior trade union to do so) and issue a decision to approve the list and support funding (using Form No. 02 in Appendix hereto); direct the immediate superior trade union of the place where the enterprise terminates the labor contract to transfer support funding or directly transfer the support funding to the applicant within 05 working days from the date of approval. In case of disapproval, the provincial Federation of Labour of the place where the union member or employee terminates the labor contract shall notify in writing and clearly state the reasons therefor to the trade unionist or employee submitting application.

4. Within 07 working days  from the date of completed payment of support to trade unionists and employees, the trade union paying support shall send a list of trade unionists and employees signing for support (using Form No. 03 in the Appendix to these Regulations) or collect documents proving that the amounts of support have been paid to trade unionists and employees by wire transfer (if the trade union member or employee does not directly receive cash), and retain them in accordance with regulations.

Chapter V

IMPLEMENTATION CLAUSE

Article 20. Implementation

1. The Committees, Offices and Office of the Supervisory Committee of the Vietnam General Confederation of Labor shall, based on their functions and duties, advise, guide and support trade unions at all levels to organize the implementation of these Regulations.

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3. The Standing Committees of the Federations of Labour, the central or equivalent trade unions, the trade unions of incorporations under the Vietnam General Confederation of Labor shall be responsible for conducting the implementation of these Regulations; supervising and inspecting the implementation process of trade unions at all levels; carrying out post-inspection as prescribed or where necessary; on the 25^th of every month, sending performance review reports to the Vietnam General Confederation of Labor (via the Labor Relations Department) for integration purposes (using Form No. 07 in the Appendix hereto).

4. The Inspectorate of the Vietnam General Confederation of Labor shall guide the Inspectorates at all levels to inspect and supervise the implementation of these Regulations; conduct inspection and supervision of the implementation thereof by a number of units and local authorities.

PP. PRESIDIUM
VICE CHAIRMAN




Phan Van Anh