The obstacles in recruiting full-time trade union officials need to be addressed.

Legalizing the roles and responsibilities of trade union officials.

Having served for many years as the Chairman of the Trade Union of Haivina Kim Lien Co., Ltd. (Nam Dan), Mr. Le Van Son shared: “Article 24 of the 2012 Vietnamese Trade Union Law stipulates that the time for performing non-professional trade union duties is 24 hours/month for the Chairman and Vice-Chairman of the grassroots trade union; and 12 hours/month for Executive Committee members, team leaders, etc. In my opinion, such a rigid regulation with specific time limits is unreasonable. For a company with thousands of employees like ours, such time is insufficient and too limited to complete tasks. Furthermore, once a rigid regulation is in place, it is very difficult for us to negotiate with the business owner. Perhaps there should be more flexibility in terms of time to suit each grassroots trade union.”

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I believe the procedures surrounding the tenure of trade union officials need to be reviewed. Employers are not allowed to unilaterally terminate employment contracts, dismiss, force dismissal, or transfer non-professional trade union officials to other jobs without the written agreement of the grassroots trade union executive committee and the written opinion of the directly superior trade union executive committee. If a non-professional trade union official is unlawfully terminated, forced dismissed, or dismissed by their employer, the higher-level trade union has the responsibility to request intervention from the competent state agency; if authorized, the higher-level trade union can represent the official in court to protect their legitimate rights and interests… Only then will trade union officials dare to stand up and protect the rights of workers without fear of retaliation or interference from employers.

Mr. Le Van Son - Chairman of the Trade Union of Haivina Kim Lien Co., Ltd. (Nam Dan).

Mr. Son's opinion is shared by many trade union officials at the workshop on the draft revised Trade Union Law organized by the Provincial Federation of Labor. According to Mr. Son, the responsibility of employers towards trade union activities should be increased through legal regulations. Only then can trade union activities, particularly legal awareness campaigns, be easily organized, providing workers with opportunities for training.

Sharing the same view on enhancing the role of trade union officials in enterprises, Mr. Dang Van Hai - Chairman of the Education Sector Trade Union - expressed his concern: “There needs to be regulations to allow trade unions in general, and grassroots trade union officials in particular, to participate in working sessions on socio-economic development issues and the development of agencies and units. Every development of agencies and units, whether large or small, is linked to the contributions of union members and workers, and directly relates to the rights and responsibilities of union members and workers. As an organization that directly cares for and is close to the workers, the trade union must understand the development direction of the unit.”

Not only are trade union officials limited in their role and position, but in many agencies and units, their finances – which belong to the union – are controlled and interfered with by employers. “During our work and interactions, we heard many trade union officials in other businesses complain that the 2% of union funds are not simply supervised by employers, but also managed, controlled, and interfered with in terms of their use. Every time an activity is organized, the union executive committee has to seek permission, which severely restricts the organization of activities for union members and workers. The regulations and sanctions for managing and using union funds are still very lax and need to be reviewed by lawmakers,” shared Ms. Hoang Thi Thu Huong, President of the Trade Union of the Southeast Economic Zone.

To enhance the role of trade unions in participating in the inspection, auditing, and supervision of the activities of agencies, organizations, and businesses, many trade union officials propose allowing trade unions to obtain information from state management agencies and competent authorities when needed. This is because, in reality, there is much information that trade unions request from state agencies (Tax, Social Insurance, etc.) to determine whether businesses are misusing trade union funds, but some state agencies cannot provide it due to the lack of legal regulations.

Obstacles in attracting and recruiting trade union officials.

Another issue of concern to many trade union officials in Nghe An is increasing the autonomy of trade unions in personnel placement and removing recruitment policy obstacles to attract experienced, full-time trade union officials who have grown from the grassroots level.

According to Decision No. 1617/QD-TLD dated December 31, 2014, of the Presidium of the Vietnam General Confederation of Labor, grassroots trade unions with 1,000 members subject to social insurance contributions will be allocated one full-time trade union official receiving a salary and allowances as prescribed from the trade union's financial resources; for every additional 1,500 members, one more full-time trade union official will be allocated, but the maximum number of people receiving salaries from the trade union's financial resources will not exceed seven. However, in reality, to date, Nghe An province has only had one full-time trade union official at one FDI enterprise (who has since left) and one full-time trade union official at a state-owned public service unit (Nghe An Friendship General Hospital).

“Because I am a full-time trade union official in a state-owned enterprise, my work is basically smooth. However, for part-time trade union officials, receiving salaries from the employer prevents them from standing up to protect union members and workers, affecting the role and responsibilities of the trade union organization. I believe that trade union officials should receive salaries and bonuses from the trade union organization's budget so that they can wholeheartedly dedicate themselves to their duties,” said Mr. Nguyen Sy Toan, Chairman of the Trade Union of Nghe An Friendship General Hospital.

There are also many opinions suggesting that the mechanism for managing staffing levels in trade unions should be based on task requirements, and that a uniform allocation of personnel is unacceptable. At the same time, trade unions need increased autonomy in assigning their staff.

Regarding this issue, Ms. Tran Thi Nguyet, Vice President of the Trade Union of the Southeast Economic Zone, shared her perspective: “In our affiliated grassroots trade unions, it is not difficult to find potential candidates with sufficient qualifications to become full-time trade union officials. However, the important thing is whether the trade union organization is attractive enough to attract them. With their intellectual capacity and position within the enterprise, they could be paid tens of millions of dong per month. The trade union organization cannot compete with this salary.”

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In practice, the current number of trade union officials at all levels is not commensurate with the demands of the job. Even in our unit, when we were established, the allocated staff was only 3 people, but now the scale and number of grassroots trade unions, members, and workers have increased many times over. In 2024 alone, there was an increase of 14 grassroots trade unions with 10,000 members. With the current number of trade union officials, the union not only faces difficulties in its operations but also cannot promptly care for and protect the rights of workers.

Ms. Tran Thi Nguyet - Vice President of the Trade Union of the Southeast Economic Zone

The current shortcomings will present a human resources challenge that the Vietnam Trade Union organization in particular, and lawmakers in general, need to address in the coming period.