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The Government
Pursuant to the Law on Organization of the Government dated 25
December 2001;
Pursuant to the Labour Code dated 23 June 1994 and the Law on
Amendment of the Labour Code dated 29 November 2006;
On the proposal of the Minister of Labour, War Invalids and Social
Affairs;
Decrees:
CHAPTER I
General Provisions
Article 1 Governing scope and applicable
entities:
This Decree provides detailed regulations and guidelines for
implementation of article 176 of the Labour Code as amended by the
Law on Amendment of the Labour Code dated 29 November 2006 on
staying or suspending a strike and resolving the interests of the
labour collective.
This Decree shall apply to all employees working pursuant to labour
contracts; and to enterprises, organizations and individuals who
hire employees pursuant to labour contracts in the territory of the
Socialist Republic of Vietnam.
Enterprises which are not permitted to strike as stipulated in
regulations of the Government, shall not be within the governing
scope of this Decree.
Article 2 Interpretation of terms
In this Decree the following terms shall be construed as follows:
1. Suspending a strike means postponing the time of commencement of
the strike, which time the executive committee of the trade union or
the labour collective representatives specified in the written
demand sent to the employer, to the provincial labour body and to
the provincial trade union confederation in accordance with article
174b of the Labour Code as amended by the Law on Amendment of the
Labour Code dated 29 November 2006, and changing such time to a
later time in accordance with a Decision of the Prime Minister of
the Government.
2. Staying a strike means temporarily terminating the duration of a
strike currently taking place until there is no longer a danger of
serious infringement to the national economy and1 the public
interest in accordance with a Decision of the Prime Minister of the
Government.
Article 3 A strike may be stayed or suspended when there is a danger
of serious infringement to the national economy [and/or] the public
interest in the following circumstances:
1. A strike is proposed to be held on a national holiday as
stipulated in the Labour Code or in a district, town or provincial
city where an international conference registered by the State is
being held.
2. A strike for three (3) or more days at an enterprise which
supplies public utility products and services and which poses a
danger of loss of safety to the health and lives of citizens within
the area of a district, town or provincial city.
3. A strike at important national project works which are currently
under construction.
4. A strike at a time when an emergency situation has arisen due to
a natural disaster or epidemic in the geographical area in which
such strike takes place.
5. A strike which develops incorrectly in terms of the objective of
the labour dispute set out in the written demand of the labour
collective which the executive committee of the trade union of the
enterprise or the labour collective representatives (in a place
where there is no trade union) has sent to the employer, to the
provincial labour body, and to the provincial trade union
confederation.
CHAPTER II
Procedures for Staying or Suspending a Strike and Resolving the
Interests of the Labour Collective
Section 1
Procedures for Staying or Suspending a Strike
Article 4 Procedures for staying a strike
1. On receipt of a notice from the executive committee of the trade
union of the enterprise or from the labour collective
representatives (in a place where there is no trade union) regarding
the decision to hold a strike as stipulated in article 3.1 of this
Decree, then within a period of 24 hours from the time of receipt of
such notice, the director of the Department of Labour, War Invalids
and Social Affairs must report to the chairman of the people's
committee of the province or city under central authority
(hereinafter referred to as the chairman of the provincial people's
committee).
2. Within 24 hours from the time of receipt of a report from the
director of the Department, if the chairman of the provincial
people's committee considers that the strike may pose a danger of
serious infringement to the national economy [and/or] the public
interest, then the chairman must report to the Prime Minister of the
Government and also send a copy of the report to the Minister of
Labour and to the president of the Vietnam Confederation of Trade
Unions.
A report from the chairman of the provincial people's committee sent
to the Prime Minister of the Government shall contain the following
main particulars:
(a) The name of the enterprise where the labour collective proposes
to hold the strike, and the proposed location of the strike;
(b) The time of commencement of the strike (day, month and year);
(c) The demand of the labour collective;
(d) The cause or reason for the strike;
(dd) Whether the labour dispute is a labour dispute about rights or
a collective labour dispute about benefits;
(e) The number of employees registered to participate in the strike;
(g) The [specific] danger of serious infringement to the national
economy [and/or] the public interest;
(h) The recommendation on staying the strike, the duration of the
stay of the strike and measures for implementing the decision on
staying the strike to be issued by the Prime Minister of the
Government.
3. The Decision of the Prime Minister of the Government staying the
strike or providing an opinion
disagreeing with a stay of the strike shall be notified to the
chairman of the provincial people's committee and sent to the
Minister of Labour and to the president of the Vietnam Confederation
of Trade Unions.
4. The duration of a stay of a strike in a Decision staying a strike
by the Prime Minister of the Government shall depend on the danger
of serious infringement to the national economy [and/or] the public
interest, but shall be a maximum period of fifty (50) days.
5. On receipt of a Decision staying a strike by the Prime Minister
of the Government, the chairman of the provincial people's committee
must, within a time-limit of one hour, promptly announce it to the
executive committee of the trade union of the enterprise or to the
labour collective representatives (in a case where there is no trade
union) and to the employees, and the chairman must organize
implementation of staying the strike in accordance with the
Decision.
6. The chairman of the provincial people's committee must report to
the Prime Minister, within a timelimit of 48 hours from the time of
receiving the Decision staying the strike, the results of
implementing the Decision.
The report of the chairman of the provincial people's committee to
be sent to the Prime Minister regarding results of implementing the
Decision staying the strike, shall contain the following main
particulars:
(a) Results of implementing the stay of the strike;
(b) Measures which were taken and which are currently being taken in
order to resolve the demand of the labour collective.
7. The labour collective shall not be permitted, as from the date of
announcement of the Decision of the Prime Minister staying the
strike, to strike during the duration of the stay of the strike as
recorded in such Decision.
Article 5 Procedures for suspending a strike
1. If the chairman of the people's committee of a district, town or
provincial city (hereinafter referred to as the chairman of a
district people's committee) considers that a strike which is
currently occurring poses a danger of serious infringement to the
national economy [and/or] the public interest and falls within one
of the circumstances stipulated in clauses 2, 3, 4 or 5 of article 3
of this Decree, then within a period of 24 hours, the chairman must
report such strike to the chairman of the provincial people's
committee.
2. Within 24 hours from the time of receipt of a report from the
chairman of a district people's committee, if the chairman of the
provincial people's committee considers that the strike may pose a
danger of serious infringement to the national economy [and/or] the
public interest, then the chairman must report to the Prime Minister
of the Government and also send a copy of the report to the Minister
of Labour and to the president of the Vietnam Confederation of Trade
Unions.
A report from the chairman of a provincial people's committee on
suspending a strike shall contain the following main particulars:
(a) The name of the enterprise where the strike is taking place, and
the location of the strike;
(b) The time when the strike was commenced (day, month and year);
(c) The scope of the strike;
(d) The cause or reason for the strike;
(dd) The number of employees registered to participate in the
strike;
(e) The demand of the labour collective;
(g) Whether the labour dispute is about rights or about benefits;
(h) The [specific] danger of serious infringement to the national
economy [and/or] the public interest;
(i) The recommendation on suspending the strike, the duration of the
suspension of the strike and
measures for implementing the Decision on suspending the strike to
be issued by the Prime Minister of the Government.
3. The Decision of the Prime Minister of the Government suspending
the strike or providing an opinion disagreeing with a suspension of
the strike must be immediately notified to the chairman of the
provincial people's committee and sent to the Minister of Labour and
to the president of the Vietnam Confederation of Trade Unions.
4. The duration of a suspension of a strike in a Decision suspending
a strike by the Prime Minister of the Government shall depend on the
danger of serious infringement to the national economy [and/or] the
public interest, but shall be a maximum period of sixty (60) days.
5. On receipt of a Decision suspending a strike by the Prime
Minister of the Government, the chairman of the provincial people's
committee must, within a time-limit of one hour, announce it to the
executive committee of the trade union of the enterprise or to the
labour collective representatives (in a case where there is no trade
union) and to the employees.
6. The chairman of the provincial people's committee must report to
the Prime Minister, within a timelimit of 48 hours from the time of
receiving the Decision suspending the strike, the results of
implementing the Decision.
The report of the chairman of the provincial people's committee to
be sent to the Prime Minister regarding results of implementing the
Decision suspending the strike, shall contain the following main
particulars:
(a) Result, being suspension of the strike;
(b) The status of order and security at the enterprise and in the
region;
(b) Measures which were taken and which are currently being taken in
order to resolve the demand of the labour collective in accordance
with the law on labour.
7. The labour collective shall not be permitted, as from the date of
announcement of the Decision of the Prime Minister suspending the
strike, to strike during the duration of the suspension of the
strike as recorded in such Decision.
Article 6 Enforcement of a Decision of the Prime Minister of
the Government
The trade union, the labour collective representatives and employees
shall be responsible to strictly comply with a Decision of the Prime
Minister of the Government staying or suspending a strike. Any
person who incites, embroils or forces employees to strike; or any
person participating in a strike contrary to a Decision of the Prime
Minister shall, depending on the seriousness of such breach, be
subject to an administrative penalty or shall be subject to criminal
prosecution in accordance with law.
Section 2
Resolving the Interests of the Labour Collective
Article 7 Resolving the demand of the labour collective
1. When the Prime Minister of the Government issues a Decision
staying or suspending a strike, and if the reason for or cause of
the strike arose from a labour dispute about rights, then the Prime
Minister shall assign the chairman of the provincial people's
committee to resolve the matter in accordance with law; and if the
reason for or cause of the strike arose from a labour dispute about
benefits, then the Prime Minister shall assign the chairman of the
district people's committee to require the parties to negotiate
[and/or] to conciliate with the participation of the provincial
labour body and of the provincial labour confederation in order to
resolve and reach agreement on the lawful demand of the labour
collective.
2. If at the expiry of the duration of a stay or suspension of a
strike pursuant to a Decision of the Prime Minister, the employer
has failed to satisfactorily resolve the lawful demand of the labour
collective in accordance with the resolution and guidelines provided
by the competent bodies, then the labour collective shall have the
right to continue to conduct the strike.
Article 8 Resolving the interests of the labour collective
during the period when a strike is stayed or suspended
The rights of employees during the duration of suspension2 of a
strike shall be resolved in accordance with article 174(d) of the
Labour Code as amended in 2006.
CHAPTER III
Implementing Provisions
Article 9
This Decree shall be of full force and effect after fifteen (15)
days from the date of its publication in the Official Gazette.
Article 10
Ministers, heads of ministerial equivalent bodies, heads of
Government bodies, chairmen of people's committees of provinces and
cities under central authority, and organizations and individuals
concerned shall be responsible for implementation of this Decree.
For the Government
Prime Minister of the Government
NGUYEN TAN DUNG
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