Quyết định 1439/QD-TLD

DECISION

ON ISSUING REGULATION ON ALLOWANCE BENEFITS FOR TRADE UNION OFFICIALS

PRESIDIUM OF VIETNAM GENERAL CONFEDERATION OF LABOUR

Pursuant to the Law on Trade Union 1990;

Pursuant to the Vietnam Trade Union Charter;

Pursuant to Decision No. 128 QD / TW dated December 14, 2004 concerning the regulations on salary for cadres, public servants and officials of the Party agencies, Front and mass organizations; Regulation No. 169-QD / TW dated June 24, 2008 on responsibility allowance benefit for the members at all levels of the Central Committee;

At the request of the Organization Committee, Finance Committee, Policy – Law Committee of the General Confederation;

DECIDES:

Article 1. Issuing the Regulation on allowance benefits for trade union officials.

Article 2. This Decision takes effect on January 01, 2012 and supersedes the Decision on part-time allowance and responsibility allowance benefits of trade union officials issued together with Decision No. 262/QD-TLD dated September 19, 2007 and Document No. 374/TLD dated March 05, 2008 of the Presidium of Vietnam General Confederation of Labour.

Article 3. The Committees and units directly under the General Confederation and the Trade union at all levels are liable to execute this Decision./.

REGULATION

ON ALLOWANCE BENEFITS FOR TRADE UNION OFFICIALS
(Issued with Decision No. 1439/QD-TLD dated December 14, 2011 of the Presidium of Vietnam General Confederation of Labour)

I. GENERAL PROVISION.

1. The allowance for trade union officials under this Regulation includes: part-time allowance for the title of President, Vice President of grassroots trade union, the superior grassroots trade union or higher level working on part-time basis; the responsibility allowance for trade union officials (trade union officials specified by the Vietnam Trade Union Charter).

Allowance expenditure on trade union officials must be in accordance with the subjects, standards, norms and be used within the fund stipulated by the General Confederation.

2. The trade union allowance is not added to the basic salary for payment and entitlement to social insurance and health insurance benefits. When leaving the part-time position of trade union official, the entitlement to trade union benefits will stop from the subsequent month.

II. TRADE UNION ALLOWANCE BENEFIT OF GRASSROOTS TRADE UNION OFFICIALS

1. Principle:

1.1. The level of allowance for grassroots trade union official is determined based on the number of employee of organization.

1.2. Allowance for grassroots trade union official = (Allowance coefficient) x (Minimum salary of which the grassroots trade union is collecting the trade union fees).

1.3. Fund for allowance payment

The grassroots trade union may use a maximum of 30% of amount collected from trade union fees and trade union dues (the portion may be used by the grassroots trade union) for payment of salary, allowance for full-time trade union officials and grassroots trade union officials. Where such fund cannot be used up, it will become additional expenditure on movement activities. For the grassroots trade union supported with profession and fund for expenditure on allowance for trade union officials, the use of such fund will be decided by the grassroots trade union;

The grassroots trade union will depend on the fund capacity used and actual needs of units whose subjects, level and time of expenditure (month, quarter and year) on allowance for trade union officials are adjusted consistently, but the part-time allowance does not exceed the coefficient 0.7 and coefficient 0.3 for the responsibility allowance.

1.4. At the grassroots trade union, the trade union officials are only entitled to 01 level of part-time allowance or highest responsibility allowance.

1.5. For the grassroots trade union at enterprises having great amount of expenditure and revenue of trade union budget, the application of level of expenditure on responsibility allowance for grassroots trade union accounting under this regulation is not conformable. The Executive Committee of the trade union will review and make a decision on the level of part-time allowance of accountant the same as that of the Vice President of grassroots trade union, or sign accounting contract in accordance with the Accounting Law. The signing of contract and level of payment for accountant must be approved by the superior trade union directly in writing.

2. Part-time allowance

2.1. Subjects and scope of application

Part-time President and Vice President of grassroots trade union

2.2. Level of allowance

3. Responsibility allowance:

3.1. Subjects and scope of application

- Member of Executive Committee, member of Inspection Committee of grassroots trade union (Committee including grassroots trade union of 4 levels);

- President of member Trade union;

- Head of group of trade union

- Part-time accountant and treasurer of grassroots trade union

3.2. Level of allowance.

III. ALLOWANCE BENEFITS FOR OFFICIALS OF SUPERIOR TRADE UNION OF GRASSROOTS TRADE UNION

1. Part-time allowance

- President of superior trade union of grassroots trade union at organizations with full-time staffing norm but working under part-time basis will be entitled to monthly allowance equal to 10% of salary based on scale, grade and position and leadership allowance and seniority allowance (if any).

- President of superior trade union of grassroots trade union at organizations with full-time staffing norm but working under part-time basis will be entitled to monthly allowance equal to 7% of salary based on scale, grade and position and leadership allowance and seniority allowance (if any).

- In case an official holds position at any organization, he/she will get allowance payment from that organization and this allowance is finalized into section 2 “Allowance for part-time trade union officials”.

- Official holding part-time positions is entitled to 01 highest level of part-time allowance (expenditure from trade union budget);

- The part-time accountant (not as full-time trade union official) of superior grassroots trade union will be entitled to the part-time allowance as the part-time Vice President of superior grassroots trade union.

2. Responsibility allowance:

2.1. Principle:

- The allowance level is based on a number of employees subject to deduction on paying trade union fees managed by their organization.

- Official participating in the executive committee of superior grassroots trade union at any level will be entitled to the responsibility allowance of such level. In 01 level of trade union, official holding positions with responsibility allowance benefits is only entitled to 01 level of responsibility allowance of the highest position.

- Responsibility allowance = (Allowance coefficient) x (Minimum salary prescribed by the State)

- Responsibility allowance at any level will be paid by such level and finalized into section 2 “Allowance for part-time trade union officials”.

The Confederation of Labour of provinces and cities, central industrial trade union, corporation trade union directly under the General Confederation are instructed to adjust the level of responsibility allowance consistently with the budget capacity and actual operation of organization, but not exceeding the highest level of allowance specified at Point 2.2.1; 2.2.2, Clause 2.1, Section III of this document.

2.2. Allowance level

2.2.1. Superior grassroots trade union

2.2.2. The Confederation of Labour of provinces and cities, central industrial trade union, corporation trade union directly under the General Confederation

2.2.3. Vietnam General Confederation of Labour

- Member of Executive Committee, allowance coefficient: 0.45.

- Member of Inspection Committee, allowance coefficient: 0.40.

IV. IMPLEMENTATION ORGANIZATION:

1. Organization Committee, Finance Committee and Inspection Committee of General Confederation are responsible for assisting the Presidium of Vietnam General Confederation of Labour to instruct and inspect the implementation of this Regulation.

2. Any difficulty arising during the implementation of this Regulation should be promptly reported to the Vietnam General Confederation of Labour for consideration and settlement./.