ROLE OF TRADE UNIONS IN CIVIL PROCEEDINGS

LEGAL UPDATE

To fulfill the role of the trade unions in labour dispute resolution procedures as recognised in relevant laws, resolutions, and the Charter of the Vietnam Trade Union, the Vietnam General Confederation of Labour has issued Guidance Number 92/HD-TLD (Guidance 92) dated. This guidance provides instructions for the trade union regarding complaints and participation in civil proceedings in relation to labour disputes at the court.

We hereby set out some points worth noticing.

1. Role of the Trade Unions

Under Guidance 92, the trade unions are entitled to file lawsuits and participate in resolving some labour disputes and disputes related to labour. They can also request the court to invalidate labour contracts or collective labour agreements and request the court to determine the legality of strikes. The trade unions have the right to appoint representatives to participate in inspection meetings, access evidence, and conciliation; to participate in the process of resolving labour disputes and disputes related to labour.

Of note, the grounds for the trade unions at each level to exercise the above-mentioned roles are differentiated. To clarify, the trade unions are structured at three levels: (i) trade unions at grassroots level, (ii) immediate upper-level trade unions, and (iii) provincial/municipal Labour Confederation, Industrial Unions and equivalent organisations, trade unions of corporations directly under the Vietnam General Confederation of Labour.

2. Legal Status of the Trade Unions

Trade Unions can act as:

• Litigant: Plaintiff, defendant, requester, person with related rights and obligations.

• Representative of the litigant: Legal representative for a group of employees; authorised representative of employees, lower-level trade unions; representative appointed by the court.

• Defensor for the rights and legal interests of the employee or the lower-level trade unions.

3. Lending to Secure Obligations

When determining the jurisdiction to settle labour disputes through first-instance proceedings, the trade union officials need to consider the level (district/province) and territorial jurisdiction (locality). Specifically, it should be noted that cases could be split in those where

• the parties have not agreed to have the case handled by the court disregarding whether there is any foreign element;

• the parties have agreed in writing to request the court where the plaintiff is residing or located to settle the dispute; and

• the plaintiff selects the court to settle the dispute.

When determining the jurisdiction to settle labour-related requests through first-instance proceedings, the trade union officials should base on the place of conclusion or performance of labour contracts, the collective labour agreements. Regarding requests for determining the legality of strikes, the trade union officials should rely on the location where the strike occurred.

4. Statutory Limitation and Time Limits

When acting as a plaintiff, the trade union officials should determine the statutory limitation to advise employees and the trade unions on whether to file lawsuits or request the court to settle disputes. In case of being a defendant, and the statutory limitation has expired, the trade union officials should request the court to suspend the labour case.

Trade union officials need to be fully aware of time limits to complain about returning a lawsuit petition or a request, to send an answer to the plaintiff's requests, to submit counterclaims, to appeal through appellate procedures, and so on.

5. Court Fees and Proceedings Costs

It is worth identifying cases where court fees are exempted, cases where temporary court fees are not required, and cases where court fees are paid. Court fees, and proceeding costs are paid from the budget and are accounted for as part of the expenses of the trade unions at the respective level.

6. Request for the Application of Injunction

Trade union officials need to guide and support employees or directly request the court to order an appropriate injunction to protect the legal rights and interests of employees. The request for the application of an injunction must comprise the required details as specified by the laws and, subject to the request, is attached with evidence to justify the necessity of ordering such an injunction.

For more information, please contact:

Anh Pham/ Special Counsel  

anh.pham@acsvlegal.com

© 2023 ACS Legal Vietnam Company Limited – All rights reserved

This legal update is not an advice and should not be treated as such.

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