Quyết định 3022/QD-TLD

DECISION

AMENDING SOME ARTICLES OF DECISION NO. 2606/QD-TLD DATED 19/5/2021 BY PRESIDIUM OF VIETNAM GENERAL CONFEDERATION OF LABOUR ON EMERGENCY FINANCING FOR MEMBERS AND WORKERS AFFECTED BY THE COVID - 19 EPIDEMIC IN THE FOURTH OUTBREAK FROM APRIL 27, 2021

PRESIDIUM OF VIETNAM GENERAL CONFEDERATION OF LABOUR

- Pursuant to the 2012 Law on Trade Union;

- Pursuant to the 2015 Law on State Budget;

- Pursuant to 2018 Charter of Vietnamese Trade Union;

- Pursuant to the Government’s Decree No. 191/ND-CP dated November 21, 2013 detailing on trade-union finance;

- Pursuant to Decision No. 1355/QD-TLD dated October 01, 2020 by Presidium of Vietnam General Confederation of Labour promulgating regulations on rules of formulation and allocation of 2021 trade union finance estimate;

- Pursuant to Decision No. 2036/QD-TLD dated January 25, 2021 of the Presidents of Vietnam General Confederation of Labor on approval of confederation finance in  2021;

- Based on the impact of the fourth COVID-19 outbreak on members and workers of enterprises and industrial parks with high number of workers across the country;

- At the request of Department of Labor Relation and Department of Finance of Vietnam General Confederation of Labour,

HEREBY DECIDES:

Article 1. Amendment to some Articles of Decision No. 2606/QD-TLD dated 19/5/2021 by Presidium of Vietnam General Confederation of Labour on emergency financing for members and workers affected by the COVID - 19 epidemic in the fourth outbreak from April 27, 2021

1. Clauses 2, 3, 4, 5 and 6 Article 1 are amended as follows:

“2. Trade union members and workers who have working relations (including enterprises and entities that have not established trade unions), are F0 cases and do not violate regulations of law on COVID-19 containment: up to VND 3 million/person.

3. Trade union members and workers (in enterprises, regulatory bodies and units collecting trade union fees) who are F1 cases, must be quarantined according to decisions of competent authority and do not violate regulations of law on COVID-19 containment: up to VND 1.5 million/person.

4. Trade union members who are officials and public employees, are F1 cases, are facing difficulties, must be quarantined according to decisions of competent authority and do not violate regulations of law on COVID-19 containment: up to VND 1.5 million/person.

5. Trade union members and workers (in enterprises, regulatory bodies and units collecting trade union fees) who must stop working to undergo quarantine or are living in areas quarantined according to decisions of competent authority and meet any of the following conditions are entitled to up to VND 500.000/person:

a) They are facing difficulties;

b) They are pregnant or have a child under 6 years of age;

5a. Trade union members and workers of enterprises, regulatory bodies and units collecting trade union fees who are deceased due to COVID-19 from April 27, 2021 are entitled to VND 5.000.000/person (excluding amounts mentioned in Clauses 2, 3, 4, 5, 5b and 6 of this Article).

5b. For trade union members and workers of enterprises, regulatory bodies and units collecting trade union fees who left Southern provinces to go back to their hometowns from August 01, 2021, must be quarantined according to decisions of competent local authority and are facing difficulties, Federations of Labour of provinces and central-affiliated cities where they return shall consider providing each of them with an amount of up to VND 500.000.

6. Other special cases requiring assistance shall be decided and reported to General Confederation by standing committees of Federations of Labour of provinces and central-affiliated cities, National Sector Unions and equivalent, National Corporate Unions affiliated to General Confederation and supervisory trade unions of grassroots trade unions based on policies and regulations promulgated by General Confederation”.

2. Clause 1 and Clause 3 Article 2 are amended as follows:

“Article 2. Assisting trade union members who participate in COVID-19 prevention and control

1. Officials of supervisory trade unions, trade union members and workers mobilized for COVID-19 prevention and control are entitled to from VND 100,000 to VND 150,000/person/day, including holidays depending on the nature, workload and actual number of days of their participation, which shall not exceed VND 2,000,000 VND/person. Standing committees of trade unions at all levels in charge of such mobilization shall decide and assume responsibilities.

3. Trade union officials who participate in COVID-19 prevention and control and contract COVID-19 (F0 cases) or must undergo quarantine at the request of competent authority are entitled to the benefits mentioned in Article 1 of this Decision"”

3. Clause 3a is added to Article 3 and Clause 3 and Clause 4 Article 3 are amended as follows:

“3. Each person may receive assistance once. Federations of Labour of provinces and central-affiliated cities, National Sector Unions and equivalent; and National Corporate Unions affiliated to General Confederation shall list and provide assistance for trade union members and workers of their units first. For trade union members and workers not under their management, they shall notify and cooperate with local governments and sectors managing these members and workers to prevent overlapping”.

4. Specific criteria for determining difficult circumstances or special circumstances of beneficiaries under Clauses 4, 5, 5b and 6 Article 1 shall be decided and instructed by standing committees of Federations of Labour of provinces and central-affiliated cities, National Sector Unions and equivalent; and National Corporate Unions affiliated to General Confederation based on living conditions of trade union members and workers, local COVID-19 situation and finance balancing ability”.

4. Article 4 is amended as follows:

“Article 4. Funding sources

1. Funding sources for financing according to this Decision (excluding Clause 2 Article 2) are allocated within trade union expenditure and revenue estimates in 2021 of all Federations of Labour of provinces and central-affiliated cities, National Sector Unions and equivalent; and National Corporate Unions affiliated to General Confederation and supervisory trade unions of grassroots trade unions (including backup funding sources for 2021) and private sources. In case entities fail to balance revenues and expenditures according estimates assigned in 2021 and must utilize accumulated trade union funding or request General Confederation for support, report to General Confederation for consideration and decision.

2. For grassroots trade unions, executive boards of grassroots trade unions shall balance revenues and expenditures within approved funding to make decisions and assume responsibilities”

Article 2. Implementation

1. This Decision takes effect from the date on which it is signed.

2. Pursuant to this Decision, existing state regulations and regulations of Vietnam General Confederation of Labour, Department of Finance of Vietnam General Confederation of Labour shall promulgate guidelines on payment and settlement procedures and documents for trade unions at all levels, ensuring selection of eligible persons and transparency.

3. Departments, inspectorate office and Office of General Confederation, entities affiliated to General Confederation; Federations of Labour provinces and central-affiliated cities; National Sector Unions and equivalent; and National Corporate Unions affiliated to General Confederation shall implement this Decision./.