Hướng dẫn 28/HD-TLD

GUIDELINES

ON PROCEDURES FOR NOMINATION FOR AND ELECTION OF EXECUTIVE BOARDS AND CHAIRPERSONS OF GRASSROOTS TRADE UNIONS AT CONGRESSES

- Pursuant to Charter of Vietnamese Trade Union;

- Pursuant to Guidelines No. 03/HD-TLD dated 20/02/2020 by Presidium of Vietnam General Confederation of Labour on implementation of Charter of Vietnamese Trade Union (hereinafter referred to as “Guidelines No. 03/HD-TLD”);

Presidium of Vietnam General Confederation of Labour hereby provides the guidelines on procedures for nomination for and election of executive boards and chairpersons of grassroots trade unions at congresses as follows:

I. OBJECTIVES AND REQUIREMENTS

1. Directly elect chairpersons of grassroots trade unions at congresses to select persons who are capable of assembling trade union members and workers at the workplace and have sufficient capability and reputation to become chairpersons of grassroots trade unions.

2. Nomination to the executive board and nomination for the title of chairperson of a grassroots trade union shall be carried out concurrently, in accordance with the rules of democratic centralism and leadership rules of the Communist Party (for units with Party Executive Committees), in a democratic and transparent manner, with nominees directly proposed by members of the grassroots trade union, and as appropriate to the situation of the grassroots trade union.

II. NOMINATION

1. Conditions and standards for members of executive boards and chairpersons of grassroots trade unions

1.1. General standards

- Have strong political spirit and sufficient capability and passion for trade union activities; be innovative and enterprising, have good reputation, working methods and capacity to assemble a large number of trade union members, workers and public employees; aim to protect legitimate rights and interests of trade union members, workers and public employees.

- Have sense of responsibility; be sufficiently healthy to complete their duties; have moral values and healthy, honest and simple lifestyle; strive to fight corruption and wastefulness; not involved in wastefulness, corruption or corruption cover-up.

1.2. Specific conditions and standards

- A person who is nominated or runs for a position in the executive board of a grassroots trade union for the first time must work at the workplace for at least one more tenure of the trade union.

- Any persons who is nominated or runs for a position in the executive board of a grassroots trade union from the second time onwards must work at the workplace for at least half of the next tenure of the trade union. If the person does not work at the workplace for as long as half of the next tenure, their case shall be considered and decided by the superior trade union and Party Executive Committee. If the incumbent chairperson is not of suitable age for re-nomination as chairperson, their case shall by decided by the superior trade union with the opinions of Party Executive Committee of the same level (if any).

- For grassroots trade unions of enterprises not owned by the State and foreign-invested enterprises, the abovementioned conditions are applicable to the position of full-time trade union official only; nominations for the position of part-time trade union official shall be considered based on nominations by trade union members according to the procedures provided in Section II.3 of these Guidelines.

In addition, the following cases may be prioritized for nomination to the executive board and for the title of chairperson of the grassroots trade union:

- For nominations to the executive board: prioritize persons who have continuously joined the trade union for one year or more, fully pay union fees, meet the general standards, have high professional qualification or are highly skilled, have a sense of solidarity, and support fellow workers.

- For chairperson nominations: prioritize persons who are trade union officials (holding the title of deputy team leader or higher), meet all abovementioned standards for executive board members, and have been trade union officials for 3 years or more or made excellent achievements in work or trade union activities.

- For newly established grassroots trade unions: prioritize trade union members who join the boards for establishing the unions or are temporary executive board members meeting all abovementioned standards.

2. Structure of executive boards of grassroots trade unions

- Executive boards of grassroots trade unions must have a suitable number of members and structure to meet the needs of and represent trade union members of each production unit, area, etc.

For grassroots trade unions of enterprises, ensure that trade union team leaders account for at least 50% of total number of executive board members.

- The incumbent executive board of a grassroots trade union shall determine provisional structure of the new executive board based on the number of executive board members approved by the superior trade union and distributed among trade union teams, affiliated trade unions or member grassroots trade unions (if any) to provide the basis for collection of nominations from trade union members and propose to the congress for decision.

- Based on nomination results, the incumbent executive board shall select and propose highly recommended persons to the congress for election.

3. Procedures for proposing nominations to congresses

3.1. Step 1: collect nominations from trade union members

According to regulations and guidelines for the congress from the superior trade union, the incumbent executive board of the grassroots trade union shall distribute number and structure of nominations to the new executive board and collect executive board member and chairperson nominations  at the congress (using the forms enclosed therewith) using either of the following methods:

Method 1: organize plenary conference for each trade union team

Trade union team leader shall disseminate objectives, requirements and orientations for structure of the new executive board, structure and number of candidates to be nominated by the trade union team as distributed by the executive board; provide instructions on how to fill out the forms for nominating candidates for executive board member and chairperson title, organize election of the vote checking board, vote checking, writing of the vote checking record and determination of lists of executive board member and chairperson nominations, which will be sent to the executive board for consolidation.

Executive boards of grassroots trade unions that are not divided into trade union teams shall organize a plenary conference to collect nominations.

Method 2: executive board of grassroots trade union hands out nomination forms to collect nominations from trade union members directly

- The incumbent executive board of the grassroots trade union shall hand out forms for nominating candidates for executive board member and chairperson title to trade union members.

- If the grassroots trade union is divided into trade union teams, the team leaders shall hand out, collect, seal and submit the nomination forms to the executive board of the grassroots trade union.

- The executive board of the grassroots trade union shall check the nomination forms. Based on results from the nomination forms and number of candidates to be nominated by trade union teams (if any), the person(s) most nominated shall be selected and added to the nomination lists in step 2.

3.2. Step 2: collect forms for nominating candidates for executive board member and chairperson title at congress of incumbent executive board members

The incumbent executive board shall hold an executive board conference to disseminate guidelines for organizing the congress, orientations for structure of the new executive board, and nomination plan and procedures. Hand out an opinion collection form together with list of current executive board members and request each member to give their opinions on the following matters:

+ Whether they wish to join the new executive board (specify reason).

+ Whether other incumbent executive board members should join the new executive board.

+ Nominate persons unaffiliated with the executive board to the new executive board.

+ Nominate candidate for the chairperson election at the congress.

- The executive board shall consolidate nomination results from step 1 and step 2; if there are multiple nominations for the chairperson election at the congress, the executive board shall select 5 persons with the highest number of votes and request trade union members to vote on these persons (take step 1 for the second time) to add 1 or 2 persons with the highest number of votes to the nomination lists.

- The executive board shall cast trust votes on nominations for executive board member and chairperson elections at the congress. Persons eligible for the official nomination lists shall receive more than 50% votes at the executive board conference. If any list does not have the required number of nominations, the executive board must select more nominations by voting until the nominations are sufficient.

3.3. Step 3: seek opinions of competent authority and publicly post nomination lists

- The executive board of the grassroots trade union shall seek directions of Party Executive Committee of the same level (for units with Party Executive Committees) and superior trade union.

- Publicly post the lists of nominations for executive board member and chairperson elections at least 05 working days before the congress commences to inform trade union members.

- Complete the draft personnel schemes, reports on personnel preparation and official lists to be presented to the congress. Finish handling complaints, denunciations, etc. to prepare explanations to be given to the congress upon request (if any).

III. ELECTION AT CONGRESSES

Election at a congress may be carried out in either of the following ways:

1. In case proposal of nominations for and election of executive board members are carried out before proposal of nominations for and election of chairperson title

1.1. Procedures for proposing nominations to congress

1.1.1. The Congress Presidium shall pass the personnel schemes for the executive board and chairperson title.

1.1.2. The congress shall discuss and vote on the structure and number of members of the new executive board and vote on the personnel scheme presented to the congress.

1.1.3. Propose the nominations and vote on the list of nominations to the executive board.

- The Congress Presidium shall preside over proposal of nominations to the executive board as follows:

+ Report on preparation of nominations to the new executive board by the incumbent executive board; propose nominations to the new executive board.

+ Facilitate nomination and self-nomination to the new executive board. Persons self-nominating and nominated at the congress must meet the standards and conditions mentioned in Sections 8.1 and 8.2 of Guidelines No. 03/HD-TLD and these Guidelines.

For persons (who are not members of the Communist Party of Vietnam) self-nominating and nominated at the congress and meeting conditions and standards according to regulations but not included in list of persons nominated by trade union members according to the procedures in Section II.3. of these Guidelines, the Congress Presidium has the power to decide whether to add or remove them from the nomination list.

- Vote on the list of nominations to the executive board.

1.1.4. Propose the nominations and vote on the list of nominations for the chairperson title

- After members of the new executive board are elected, if the person(s) nominated for the chairperson title by trade union members before the congress is/are not elected to the new executive board, the Congress Presidium shall ask the congress whether to nominate new candidate(s) or assign the new executive board to elect the chairperson according to regulations in Guidelines No. 03/HD-TLD.

- If the person(s) nominated for the chairperson title before the congress is/are elected to the new executive board, the Congress Presidium shall preside over proposal of nominations for chairperson election at the congress as follows:

+ Report on preparation of nominations for chairperson election at the congress by the incumbent executive board.

+ Propose the nomination(s) for chairperson election at the congress.

+ Facilitate nomination and self-nomination for the chairperson title. Persons self-nominating and nominated at the congress must meet the standards and conditions mentioned in Sections 8.1 and 8.2 of Guidelines No. 03/HD-TLD and these Guidelines.

For persons self-nominating and nominated at the congress and meeting conditions and standards according to regulations but not included in list of persons nominated by trade union members according to the procedures in Section II.3. of these Guidelines, the Congress Presidium shall ask the congress whether to add or remove them from the nomination list.

+ Vote on the list of nomination(s) for the chairperson title.

1.2. Election: election shall be carried out according to regulations in Guidelines No. 03/HD-TLD.

The person elected to the chairperson title at the congress shall convene the first executive board conference and be an ex officio member of the standing committee (if any).

The standing committee, deputy chairperson title, inspection committee and titles of the inspection committee (if any) shall be elected in the first executive board conference according to regulations in Guidelines No. 03/HD-TLD.

2. In case proposal of nominations for and elections of executive board members and chairperson title are carried out concurrently

2.1. Procedures for proposing nominations to congress

2.1.1. The Congress Presidium shall pass the personnel schemes for the executive board and chairperson title.

2.1.2. The congress shall discuss and vote on the structure and number of members of the new executive board and vote on the personnel scheme presented to the congress.

2.1.3. The Congress Presidium shall preside over proposal of nominations for the executive board and chairperson title as follows:

- Report on preparation of nominations for executive board member and chairperson elections at the congress by the incumbent executive board; propose nominations for executive board member and chairperson elections. Person(s) nominated for the chairperson title must be included in the number and structure of the new executive board.

- Facilitate nomination and self-nomination for executive board member and chairperson elections. Persons self-nominating and nominated at the congress must meet the standards and conditions mentioned in Sections 8.1 and 8.2 of Guidelines No. 03/HD-TLD and these Guidelines.

For persons self-nominating and nominated at the congress and meeting conditions and standards according to regulations but not included in list of persons nominated by trade union members according to the procedures in Section II.3. of these Guidelines, the Congress Presidium shall ask the congress whether to add or remove them from the nomination lists.

2.1.4. Vote on the nomination lists

Voting on the nomination lists shall be carried out as follows:

Vote on the list of nominations for the chairperson title before the list of nominations to the executive board (list of nominations to the executive board shall exclude chairperson nominations) and determine number of persons to be voted on using executive board voting forms.

E.g., the congress decides that the executive board shall have 15 members; if the congress decides that there shall be 02 nominations for the chairperson title, number of persons to be elected to the executive board shall be 13; if the congress decides that there shall be 01 nomination for the chairperson title, number of persons to be elected to the executive board shall be 14.

2.2. Elect election board

The Congress Presidium shall estimate number and list of election board members and ask the congress to vote once for both number and list of election board members. Duties and powers of the election board are provided in Section 8.5 of Guidelines No. 03/HD-TLD.

2.3. Election rules

2.3.1. Executive board election

Voting form format, valid vote, invalid vote and determination of executive board election results are provided in Section 8.6 of Guidelines No. 03/HD-TLD. In which:

- Election with extra nominations shall use the voting form 3a in the appendix to Guidelines No. 03/HD-TLD.

- Election without extra nominations shall use the voting form 3c in the appendix to Guidelines No. 03/HD-TLD.

2.3.2. Chairperson election

a. Format of voting form for chairperson election at congress:

Format of the voting form for chairperson election at congress is used to elect both executive board member and chairperson (using the form enclosed therewith). The form must include full name, post and workplace of the nomination(s) in the list approved by the congress with the name(s) arranged in the Vietnamese alphabetical order and the seal of the executive board of the grassroots trade union in the upper left corner.

b. Valid votes:

- Valid votes shall be handed out by the election board in the format mentioned in Section III.3.2.1.

- Valid votes shall elect the required number of persons according to the election rules approved by the congress.

c. Invalid votes:

A vote will be deemed invalid in any of the following cases:

- The vote is not handed out by the election board in the format mentioned in the election rules of the election board.

- The vote does not bear the seal of the executive board according to regulations.

- The vote is blank (no box in the vote is checked).

- The vote elects more than one chairperson (for votes with extra nominations).

- The vote has the name of a nomination not included in the list approved by the congress.

- The vote has unauthorized markings or uses more than one ink color.

- The vote is torn or crumpled.

d. Some special cases concerning checking of chairperson election votes:

Besides the regulations in Point d Section 8.6 of Guidelines No. 03/HD-TLD, some special cases concerning election result determination shall be handled as follows:

- In case of election without extra nominations:

+ Votes for executive board member and chairperson elections shall be considered valid when all boxes are checked.

+ Votes where only the box for chairperson election is checked and not the box for executive board member election shall be considered valid votes for chairperson election and executive board member election.

+ Votes where only the box for executive board member election is checked and not the box for chairperson election shall be considered valid votes for executive board member election and not for chairperson election.

- In case of election with extra nominations: only check valid votes (votes where only one person is elected for the chairperson title). Voting result for each nomination shall be calculated using the same method as election without extra nomination.

dd. Chairperson election results

- Winners of executive board member and chairperson elections must receive more than half of the votes collected by the election board. In case more people receive more than half of the votes than needed, select from the person with the highest number of votes to those with fewer votes until sufficient winners are selected.

- The person elected to the chairperson title at the congress shall be an ex officio member of the standing committee (if any).

- A person who receives less than half of the votes for chairperson election and more than half of the votes for executive board member election shall be elected for the executive board and not the chairperson title.

- In case more than one nomination for the chairperson title receive more than half of the votes and equal number of votes, vote on the chairperson title for the second time; the winner shall be the person with the highest number of votes regardless of whether they receive more than half of the votes.

- If the results are equal after the second voting, ask the congress whether to vote for the third time. If the congress decides not to vote for the third time, the Congress Presidium shall assign the first executive board conference to elect the chairperson among the nominations of the second chairperson voting at the congress. The winner shall be the person with the highest number of votes regardless of whether they receive more than half of the votes.

2.4. The standing committee, deputy chairperson title, inspection committee and titles of the inspection committee (if any) shall be elected in the first executive board conference according to regulations in Guidelines No. 03/HD-TLD.

IV. IMPLEMENTATION

1. Federations of Labour of provinces/cities, National Sector Unions and equivalent, and National Corporate Unions affiliated to General Confederation shall disseminate these Guidelines to grassroots trade unions.

2. Superior trade unions shall provide guidance and assistance for grassroots trade unions to elect chairpersons of grassroots trade unions at congresses upon request.

3. For administrative units and service providers, when directly electing chairpersons of their grassroots trade unions at congresses, they must obtain approval from Party Executive Committee at the same level before following the nomination procedures in these Guidelines.

4. Organising Department of General Confederation shall assist Presidium of General Confederation in monitoring and providing guidance for trade unions at all levels to implement these Guidelines; research, advise on and propose amendments to these Guidelines where necessary.

Any difficulty arising during the implementation of these Guidelines should be reported to General Confederation (via Organising Department) for appropriate research, consideration and amendment.