Trade Union Members: Rights and Responsibilities (2024)

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Short answer: From 01 July 2025, the Law on Trade Unions 2024 (No. 50/2024/QH15) replaces the Law on Trade Unions 2012. Trade union members have 12 rights under Article 21 (representation and protection by the Trade Union; free legal assistance; care and welfare…) and 3 groups of responsibilities under Article 22 (observing the Charter; studying; solidarity and protecting employees’ rights). The Vietnam Trade Union organization comprises 4 levels and operates under the Charter of the Vietnam Trade Union.

1. Current legal framework on trade unions

On 27 November 2024, the National Assembly passed the Law on Trade Unions 2024 (No. 50/2024/QH15), effective 01 July 2025, replacing the Law on Trade Unions 2012 (No. 12/2012/QH13). Under Article 2 of the Law, this instrument regulates the functions, duties, rights, and responsibilities of the Vietnam Trade Union; employees’ rights to establish, join, and participate in trade union activities; the rights and responsibilities of trade union members; and employers’ responsibilities toward the Trade Union.

A notable new point at Clause 2, Article 5: foreign employees working in Vietnam under labor contracts with a term of 12 months or more may join and participate in trade union activities at grassroots trade unions.

2. Rights of trade union members (Article 21 of the Law on Trade Unions 2024)

Trade union members have the following basic rights:

Representation and protection: to request the Trade Union to represent and protect their lawful and legitimate rights and interests when infringed;
Participation: to be informed, discuss, propose, and vote on Trade Union affairs; to stand for election, nominate, and elect the Trade Union’s leadership bodies;
Supervision: to question trade union leaders at all levels and propose disciplinary action against trade union officials committing violations under the Charter of the Vietnam Trade Union;
Free legal assistance on trade union, labor, employment, social insurance, unemployment insurance, health insurance, and occupational safety and hygiene laws;
Care: advice, guidance, and support in finding employment, vocational training, improving professional qualifications and vocational skills; visits and assistance in case of illness, maternity, hardship, or misfortune, and enjoyment of other care and welfare activities;
Cultural and sports activities: participation in cultural, sports, sightseeing, and tourism activities organized or co-organized by the Trade Union;
Proposals and recommendations: proposing to the Trade Union to recommend to agencies, organizations, units, and enterprises the implementation of regimes, policies, and laws for employees;
Social housing policy: entitlement to the social housing rental policy of the Vietnam General Confederation of Labour; commendation and rewards for achievements.

3. Responsibilities of trade union members (Article 22 of the Law on Trade Unions 2024)

Alongside the above rights, trade union members have the following responsibilities:

Observing and implementing the Charter of the Vietnam Trade Union, its resolutions, and regulations; participating in trade union activities and building a strong Trade Union;
Studying to improve political, cultural, professional, and vocational qualifications and working style; cultivating working-class qualities; living and working under the Constitution and laws;
Solidarity and mutual assistance with colleagues in labor and life; improving labor productivity, quality, and efficiency; protecting the lawful and legitimate rights and interests of employees and the Trade Union organization; participating in building progressive, harmonious, and stable labor relations.

4. The Vietnam Trade Union organization

Under Article 8 of the Law on Trade Unions 2024, the Vietnam Trade Union is a unified organization comprising 4 levels: the central level is the Vietnam General Confederation of Labour; provincial and central-sector trade unions and equivalents; immediate superior trade unions; and grassroots-level trade unions (including grassroots trade unions and grassroots occupational unions).

Trade unions are organized and operate on the principles of voluntariness and democratic centralism; cooperate and coordinate with employers while ensuring the independence of the Trade Union organization (Article 7). The specific rights and responsibilities of trade union organizations at all levels are detailed in the Charter of the Vietnam Trade Union, which must not contravene the Constitution and laws.

Notes on applying the current laws

This article belongs to the Labor Knowledge group and is presented for reference, helping readers understand the legal issue at a general level before preparing dossiers or carrying out transactions.

Laws and regulations may change depending on the time, locality, type of dossier, and specific circumstances. Where the precise applicable legal basis for your dossier needs to be determined, you should contact ANT Legal’s lawyers at 0966.475.966 for verification and advice before proceeding.

Common risks to note

Still citing the Law on Trade Unions 2012 while the Law on Trade Unions 2024 has been effective since 01 July 2025.
Confusing the rights of trade union members with the rights of the trade union organization.
Not being aware of members’ new rights (expanded free legal assistance, social housing rental policy).
Employers obstructing employees from joining or participating in trade union activities — an act prohibited by law.

How can ANT Legal help?

ANT Legal assists with reviewing specific situations, checking dossiers, determining the applicable legal basis, advising on solutions, and representing clients before individuals, organizations, or competent authorities where necessary.

For quick advice, you may contact our lawyers at 0966.475.966.

Legal Knowledge

Rights and Responsibilities of Trade Union Members Under the 2024 Law