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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
12/2008/ND-CP
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Hanoi,
January 30, 2008
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DECREE
DETAILING
AND GLIDING THE IMPLEMENTATION OF ARTICLE 176 OF THE LABOR CODE ON POSTPONEMENT
OR SUSPENSION OF STRIKES AND SETTLEMENT OF LABOR COLLECTIVE INTERESTS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government:
Pursuant to the June 23, 1994 Latbor Code; the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code; and the November 29, 2006
Law Amending and Supplementing a Number of A nicies of the Labor Code:
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1. Scope and
subjects of application
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This Decree applies to all laborers
working under labor contracts; enterprises, organizations and individuals
employing laborers under labor contracts in the territory of the Socialist
Republic of Vietnam.
Enterprises which are not
allowed to go on strike under government regulations are not governed by this
Decree.
Article 2. Interpretation
of terms
In this Decree, the terms below
are construed as follows:
1. Postponement of a strike
means delaying the time to start a strike set by trade union executive
committees or labor collective representatives in their written request to
employers and provincial-level labor agencies and Labor Federations under
Article 174b of the Labor Code, which was amended and supplemented in 2006, to
another later time under the Prime Ministers decision.
2. Suspension of a strike means
temporary stoppage of an ongoing strike for a certain time until this strike no
longer poses risks of causing serious damage to the national economy and/or
public interests under the Prime Ministers decision.
Article 3. A strike shall
be postponed or suspended when it poses risks of causing serious damage to the
national economy and/or public interests in the following cases:
1. A strike which is scheduled
to be held on national holidays prescribed by the Labor Code or in urban and
rural districts, towns or provincial cities where an international conference
hosted by the Vietnamese Suite is taking piace
2. A strike at an enterprise
supplying public service products for 3 days or more which threatens to cause
unsafely to the health and life of inhabitants in urban and rural districts,
towns or provincial cities.
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4. A strike at a time a state of
emersencv is imposed due to natural disaster or epidemic on the locality where
it takes place.
5. A strike not for the purpose
of labor dispute as stated in the written request by a labor collective which
is sent by a grassroots trade union executive committee or labor collective
representatives (where exists no trade union organization) to employers, and
provincial-level labor agencies and Labor Federations.
Chapter 2
PROCEDURES FOR STRIKE
POSTPONEMENT AND SUSPENSION AND SETTLEMENT OF LABOR COLLECTIVE INTERESTS
Section 1. PROCEDURES FOR
STRIKE POSTPONEMENT AND SUSPENSION
Article 4. Procedures for
strike postponement
1. Within 24 hours from the time
of receiving a notice of a strike prescribed in Clause 1, Article 3 of this
Decree from a grassroots trade union executive committee or labor collective
representatives (where exists no trade union organization), directors of
provincial/municipal Labor. War Invalids and Social Affairs Services shall
report it to presidents of provincial/municipal PeopIes Committees (below
referred to as provincial-level Peoples Committee presidents).
2. Within 24 hours irom the time
of receiving a report from directors of provincial/municipal Labor. War
Invalids and Social Affairs Services, provincial-level Peoples Committee
presidents shall submit a report to the Prime Minister and simultaneously to
the Minister of Labor. War Invalids and Social Affairs and the president of the
Vietnam General Confederation of Labor if considering that the strike threatens
to cause serious damage to the national economy and/or public interests.
The report of a provincial-level
Peoples Committee president must include the following major contents:
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b/ Time of starting the strike
(date... month... year...);
c/ Requests of the labor
collective;
d/ Causes of the strike;
e/ Right- or interest-related
labor dispute;
f/ Number of laborers
registering to go on strike;
g/ Risks of causing serious
damage to the national economy and/or public interests:
h/ Proposal on the strike
postponement, the postponement time and measures to implement the Prime
Ministers strike postponement decision.
3. The Prime Ministers decision
on. or his opinion disapproving, the strike postponement shall be notified to
provincial-level Peoples Committee presidents and sent to the Minister of
Labor. War Invalids and Social Affairs and the president of the Vietnam General
Confederation of Labor.
4. The strike postponement time
under the Prime Ministers decision depends on the risks of causing serious damage
to the national economy and/or public interests, but must not exceed 50 days.
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6. Within 48 hours from the time
of receiving a strike postponement decision, provincial-level Peoples Committee
presidents shall report to the Prime Minister on strike postponement results.
A report on the implementation
of a strike postponement decision from a provincial-level Peoples Committee
president to the Prime Minister must include the following major contents:
a/ Strike postponement results;
b/ Measures which have been and
are being taken to respond to the labor collectives requests.
7. Within the strike
postponement time limit specified in the Prime Ministers decision, labor
collectives may not go on strike from the date of announcing this decision.
Article 5. Procedures for
strike suspension
1. When considering that an
ongoing strike threatens to cause serious damage to the national economy and/or
public interests in one of the cases specified in Clause 2, 3, 4 or 5, Article
3 of this Decree, presidents of Peoples Committees of urban and rural
districts, towns or provincial cities (below referred to as district-level
Peoples Committees) shall report on that strike to provincial-level Peoples
Committee presidents within 24 hours.
2. Within 24 hours from the time
of receiving a report on a strike from district-level Peoples Committee
presidents, provincial-level Peoples Committee presidents shall submit a report
to the Prime Minister and simultaneously to the Minister of Labor. War Invalids
and Social Affairs and the president of the Vietnam General Confederation of
Labor if considering that the strike threatens to cause serious damage to the
national economy and/or public interests.
A report on the strike
suspension from a provincial-level Peoples Committee president must include the
following major contents:
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b/ Time of starting the strike
(date... month... year...):
c/ Scope of the strike;
d/ Causes of the strike;
e/ Number of laborers going on
strike;
f/ Requests of the labor
collective;
g/ Right- or interest-related
labor dispute:
h/ Risks of causing serious
damage to the national economy and/or public interests;
i/ Proposal on the strike
suspension, the suspension time and measure; to implement the Prime Ministers
strike suspension decision.
3. The Prime Ministers strike
suspension decision or his opinion disproving the strike suspension shall be
promptly notified to provincial-level Peoples Commmittee presidents and sent to
the Minister of Labor, War Invalids and Social Affairs and the president of the
Vietnam General Confederation of Labor.
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5. Within one (01) hour from
receiving the Prime Ministers strike suspension decision, provincial-level
Peoples Committee presidents shall promptly notify it to grassroots trade union
executive committees or labor collective representatives (where exists no trade
union organization) and employers.
6. Within 48 hours from the time
of receiving the Prime Ministers strike suspension decision, provincial-level
Peoples Committee presidents shall report to the Prime Minister on strike
suspension results.
A report on results of the
strike suspension decision implementation from a provincial-level Peoples
Committee president to the Prime Minister must include the following major
contents:
a/ Strike suspension results;
b/ State of security and order
at the enterprise and in the area;
c/ Measures which have been and
are being taken to respond to the labor collectives requests according to the
labor law.
7. Within the strike suspension
time limitspecified in the Prime Ministers decision, labor collectives may not
go on strike from the date of announcing this decision.
Article 6. Implementation
of the Prime Ministers decisions
Trade union organizations, labor
collective representatives and employers shall seriously observe the Prime
Ministers decisions on strike postponement or suspension. Those who incite,
embroil or force laborers to go on strike: and those going on strike in
contravention of the Prime Ministers decisions shall, depending on the severity
of their violation, be administratively sanctioned or examined for penal
liability according to law.
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Article 7. Settlement of
labor collective interests
1. When the Prime Minister
decides to postpone or suspend a strike, he shall assign provincial-level
Peoples Committee presidents to settle it according to law if the strike is
prompted by a right-related dispute. If the strike is prompted by an
interest-related dispute, the Prime Minister shall assign provincial-level
Peoples Committee presidents to request parties to conduct negotiation or
conciliation with the participation of provincial- level labor agencies and
Labor Federations in order to satisfactorily respond to lawful requests of
labor collectives.
2. When the time limit for
strike postponement or suspension under the Prime Ministers decision ends,
labor collectives may continue going on strike if employers fail to
satisfactorily respond to their lawful requests.
Article 8. Settlement of
labor collective interests during strike postponement or suspension lime
Laborers interests during the
strike suspension shall be handled under Article 174d of the Labor Code, which
was amended and supplemented in 2006.
Chapter 3
IMPLEMENTATION PROVISIONS
Article 9. This Decree
takes effect 15 days after its publication in CONG BAO.
Article 10. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies, and
presidents of provincial/municipal Peoples Committees shall implement this
Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung