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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
122/2007/ND-CP
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Hanoi,
July 27, 2007
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DECREE
PROVIDING FOR THE LIST OF ENTERPRISES WHICH MAY NOT GO ON
STRIKE AND THE SETTLEMENT OF REQUESTS OF LABOR COLLECTIVES IN THOSE ENTERPRISES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 23, 1994 Labor 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 Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Article 1.
Governing scope
This Decree provides a list of
enterprises which may not go on strike and the settlement of requests of labor
collectives in those enterprises.
Article 2.
Subjects of application
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Article 3.
List of enterprises which may not go on strike
1. Enterprises which may not go
on strike include enterprises producing and providing public-utility products
and services and enterprises playing an essential role in the national economy
(see the enclosed list).
2. The list of security and
defense enterprises which may not go on strike shall be decided by the Prime
Minister at the proposal of the Minister of Defense and the Minister of Public
Security.
3. Based on the socio-economic
situation, the Prime Minister shall amend and supplement the list of
enterprises which may not go on strike at the proposal of the Minister of
Labor, War Invalids and Social Affairs, the Minister of Defense and the
Minister of Public Security.
Article 4.
Settlement of requests of labor collectives
1. Labor users shall coordinate
with grassroots trade union executive committees in organizing the full
implementation of the provisions of labor law, collective labor agreements,
labor rules and regulations formulated by enterprises in accordance with the
labor law; and take the initiative in settling problems arising in the course
of implementation.
2. Biannually, ministers, heads
of ministerial-level agencies and government-attached agencies and presidents
of provincial-level Peoples Committees shall assume the prime responsibility
for, and coordinate with trade unions and labor users representatives in,
gathering opinions of labor users and grassroots trade union executive
committees in enterprises which may not go on strike so as to promptly settle
legitimate requests of labor collectives.
3. Labor users shall assume the
prime responsibility for, and coordinate with grassroots trade union executive
committees in, settling requests of labor collectives, if any. Within three
working days after receiving a request, if the parties cannot settle it, the
labor user shall report it to the provincial-level Service of Labor, War
Invalids and Social Affairs; the grassroots trade union executive committee
shall report thereon to the immediate superior trade union for coordinated
settlement.
4. Within three working days
after receiving a request, the provincial-level Service of Labor, War Invalids
and Social Affairs shall assume the prime responsibility for, and coordinate
with the trade union and concerned agencies in, settling the request.
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Article 5.
Settlement of collective labor disputes
1. When a collective labor
dispute arises in an enterprise which may not go on strike, either or both
parties to the dispute may request a labor arbitration council to settle the
dispute.
2. Within five working days
after receiving a request, the labor arbitration council shall conduct
conciliation and settlement.
If either or both parties to a
dispute disagree/s with the labor arbitration councils decision, it/they may
request a competent court to settle the dispute in accordance with law.
Article 6.
Implementation effect
This Decree takes effect 15 days
after its publication in CONG BAO.
To annul the Governments Decree
No. 51/CP of August 29, 1996, on the settlement of requests of labor
collectives in enterprises which may not go on strike, and the Governments
Decree No. 67/2002/ND-CP of July 9, 2002, amending and supplementing the list
of enterprises which may not go on strike, promulgated together with the Governments
Decree No. 51/CP of August 29, 1996.
Article 7.
Implementation responsibility
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal Peoples Committees, and enterprises on the list of
those which may not go on strike shall implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
LIST
OF ENTERPRISES WHICH MAY NOT GO ON STRIKE
(Promulgated together with the Governments Decree No. 122/2007/ND-CP of July
27, 2007)
I
INDUSTRIAL ENTERPRISES
1
- The Hydropower Companies of Da Nhim-Ham
Thuan-Da
Mi, Hoa
Binh,
Yaly
and Tri An
The Thermopower Companies
of Uong
Bi and Ba
Ria
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Thu Duc
Electric-Mechanical Company
- Pha Lai Thermopower
Joint-Stock Company
2
- Electricity Companies No. 1,
2 and 3
- The electricity companies of
Hanoi, Ho Chi Minh,
Hai
Phong
and Da
Nang
cities, and Dong Nai,
Ninh
Binh
and Hai
Duong provinces
3
Power Transmission Companies
No. 1, 2, 3 and 4
4
The National Load Dispatch
Center
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The Gas Product Processing and
Trading Company
6
VIETSOPETRO Joint-Venture
Enterprise
II
TRANSPORT ENTERPRISES
1
The railways stations of Hanoi
Railways Passenger Transportation Company, Sai Gon
Railways Passenger Transportation Company and the Railways Cargo
Transportation Company
2
- The Railways Management
Company
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3
The Vietnam Air Traffic
Management (VATM) Center
4
The Northern, Middle and
Southern Airports Authorities
5
The Airlines Petrol and Oil
Supply Company
6
- Pilot Companies No. I, II, III,
IV and V
- The Shipping Pilot
Joint-Stock Company - the Vietnam National Coal and Mineral Industries Group
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7
Shipping Safety Assurance
Companies No. I and II
8
Vietnam Shipping Communication
and Electronics Company
9
The Vietnam Salvage (VISAL)
Company
III
POST AND TELECOMMUNICATIONS
SERVICE ENTERPRISES
1
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2
The Vietnam Telecom
International (VTI) Company
3
The National Newspaper
Distribution Company
4
The Vietnam Postal Service
(VPS) Company
5
The Central Post Department
6
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IV
AGRICULTURAL, FORESTRY AND
FISHERY ENTERPRISES
1
One-Member State Limited
Liability Company for the Exploitation of Dau Tieng
Reservoir Irrigation Works - Tay Ninh
2
One-Member State Limited
Liability Company for the Exploitation of Bac Hung Hai
Irrigation Works
3
One-Member State Limited
Liability Company for the Exploitation of Bac Nam Ha Irrigation
Works
V
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1
Hanoi city
- Hanoi One-Member State
Limited Liability Company for Urban Environment
- Hanoi One-Member State
Limited Liability Company for Water Drainage
- Hanoi Clean Water Business
Company
- Hanoi Clean Water Business
Company No. 2
2
Ho Chi Minh City
- The Urban Environment
Company
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- The Water Supply Joint-Stock
Companies of Ben Thanh, Gia
Dinh,
Cho
Lon, Thu Duc,
Nha
Be and Phu
Hoa
Tan; the Water Plants of Thu Duc and Tan Hiep; Trung
An Water Supply Enterprise; the Clean Water Conduction Enterprise; Tan Hoa
Water Supply Branch
- The public service companies
of Districts 3, 4, 6, 7, 8, 11, Go Vap, Binh Thanh, Binh
Chanh,
Nha
Be and Hoc Mon
- The public works companies
of District 1: Housing Management and Development Company of District 2;
Public Traffic and Public Works Company of District 5; Urban Management and
Development Company of District 9; Service-Investment and Housing Management
Company of District 10; Urban Traffic Works and Housing Management Enterprise
of District 12; Thu Duc
Urban Traffic Works and Housing Management Company; Tan Binh Urban Traffic
Service Company; Urban Works Company of Phu Nhuan
district; Cu Chi Public Works Enterprise; and the Public-Utility Company of
Can Gio
district
3
Hai Phong
city
- Hai Phong
One-Member State Limited Liability Company for Water Supply
- Hai Phong
Public Works and Construction Company
- Hai Phong
Urban Environment Company
- Hai Phong
Water Drainage Company
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4
Da Nang city
- Da Nang Water Supply
Company
- The Urban Environment
Company of Da
Nang
City
5
Can Tho city
- The Urban Works Company of
Can Tho
City
- Can Tho Water Supply and
Drainage Limited Liability Company
- Thot Not Water Supply
and Drainage Joint-Stock Company
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- Tra Noc
Water Supply and Drainage Joint-Stock Company
- Water Supply and Drainage
Construction Joint-Stock Company
- The Water Drainage
Enterprise
6
Viet Tri city, Phu
Tho
province
- Viet Tri Environment-Urban
Service Joint-Stock Company
- Phu Tho
Water Supply One-Member State Limited Liability Company
7
Thai Nguyen city, Thai Nguyen province
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- Thai Nguyen One-Member
Limited Liability Company for Clean Water Business
- Thinh Duc
Nam Water Plant
- Thinh Duc
Bac
Water Plant
8
Ha Long city, Quang
Ninh
province
- Quang Ninh
Water Supply Construction Company
- Ha Long Urban Environment
Company
- The Industrial Development
Joint-Stock Company
9
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- Nam Dinh Environment
Company
- Nam Dinh Water Supply
Company
10
Thanh Hoa city, Thanh Hoa
province
- Thanh Hoa One-Member Limited
Liability Company for Water Supply
- The Environment and Urban
Works Company
11
Vinh city, Nghe
An province
- Nghe An Water Supply
Joint-Stock Company
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12
Hue city, Thua Thien
Hue province
- Thua Thien
Hue One-Member State Limited Liability Company for Construction and Water
Supply
- Hue One-Member State Limited
Liability Company for Environment and Urban Works
13
Quy Nhon
city, Binh
Dinh
province
- Binh Dinh
Water Supply and Drainage Company
- Quy Nhon
Environment Company
14
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- Khanh Hoa
Water Supply and Drainage Company
- Nha Trang
Urban Environment Company
15
Buon Ma Thuat
city, Dak
Lak
province
- Dak Lak
One-Member Limited Liability Company for Water Supply and Construction
Investment
- The Urban Management and
Environmental Sanitation Company
- Dong Phuong Environment
Limited Liability Company
16
Da Lat city, Lam Dong
province
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- Lam Dong Water Supply and
Drainage One-Member State Limited Liability Company
17
Bien Hoa
city, Dong Nai
province
- Dong Nai One-Member State
Limited Liability Company for Water Supply Construction
- Bien Hoa
Urban Environment Service Company
18
Ba Ria city, Ba Ria-Vung
Tau
province
- Ba Ria-Vung Tau
One-Member State Limited Liability Company for Water Supply
- Vung Tau
Urban Works Company
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19
My Tho city, Tien
Giang
province
- Tien Giang
Water Supply and Drainage Company
- The Urban Works Company of
My Tho
City