Decree No. 43/2013/ND-CP dated May 10, 2013 of the Government on the implementation of the Article 10 of the Law on Trade Union

THE GOVERNMENT

Decree No. 43/2013/ND-CP of May 10, 2013, detailing Article 10 of the Trade Union Law on trade unions’ rights and responsibilities to represent and protect the rights and legitimate interests of employees

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

Pursuant to the June 20, 2012 Trade Union Law;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

After reaching agreement with the Vietnam General Confederation of Labor, the Government promulgates the Decree detailing Article 10 of the Trade Union Law on trade unions’ rights and responsibilities to represent and protect the rights and legitimate interests of employees.

Article 1. Scope of regulation

This Decree provides the rights and responsibilities of trade unions to represent and protect the rights and legitimate interests of employees.

Article 2. Subjects of application

1. Trade unions of all levels within the system of trade unions prescribed in Article 7 of the Trade Union Law.

2. Civil servants, public employees, workers and laborers (below collectively referred to as employees).

3. Employing units and agencies and organizations involved in the performance of trade unions’ rights and responsibilities to represent and protect the rights and legitimate interests of employees.

Article 3. Trade unions’ rights and responsibilities to guide and counsel employees on their rights and obligations when concluding and performing labor or working contracts with employers

Grassroots trade unions at employing units have the rights and responsibilities to guide and counsel employees on:

1. The forms, principles, types and contents of contracts, parties’ rights and obligations to provide information, probation period, internship period and related matters when concluding a labor or working contract;

2. Obligations to perform jobs under contracts, the order, procedures and rights and obligations of parties when transferring employees to other jobs, cases of suspension of labor or working contracts and re-recruitment of employees after such suspension;