Joint Circular No. 07/2008/TTLT-BLDTBXH-BTC guides the implementation of Decree No. 11/2008/NĐ-CP on compensation for damages caused by illegal strikes to employers. The Circular stipulates the responsibilities, procedures, and levels of compensation for organizations and individuals participating in strikes.
适用范围
Organizations and individuals who lead or participate in illegal strikes; employers including state-owned enterprises during the transition period, cooperatives, organizations, units, foreign individuals or Vietnamese individuals using labor under employment contracts.
要点
- The trade union branch committee or representatives of the workers' collective participating in illegal strikes must compensate the employer for damages.
- Employers have the right to request the trade union organization or representatives of the workers' collective and workers participating in strikes to compensate for damages within one year from the date of the People's Court's decision on the illegality of the strike.
- The level of compensation shall not exceed three months' salary or wages immediately preceding the day the strike occurred according to the employment contract of those workers participating in the strike.
- Negotiations for compensation at the enterprise must be completed within ten days from the receipt of the compensation claim document; if no agreement is reached, the case may be brought before the People's Court.
- Compensation can be made in cash or in kind, gradually deducted from the wages of the workers.
🌐 本文件的社会影响
- Positive impact: Ensuring the rights of employers when suffering losses due to illegal strikes.
- Negative impact: The financial and time burden of negotiating compensation may affect the business operations of enterprises.
❓ 常见问题
Who is responsible for compensating for damages when an illegal strike occurs?
The trade union branch committee or representatives of the workers' collective participating in illegal strikes must bear responsibility for compensating the employer for damages.
How long does an employer have to request compensation?
Employers have the right to request the trade union organization or representatives of the workers' collective and workers participating in strikes to compensate for damages within one year from the date of the People's Court's decision on the illegality of the strike.
What is the maximum level of compensation?
The level of compensation shall not exceed three months' salary or wages immediately preceding the day the strike occurred according to the employment contract of those workers participating in the strike.
If negotiations fail, what can the enterprise do?
Employers have the right to bring a lawsuit to the People's Court at the district where the strike occurred to seek compensation for damages.
How is compensation carried out?
Compensation is carried out in cash or in kind, gradually deducted from the wages of the workers. The monthly deduction rate shall not exceed thirty percent of the wage or salary recorded in the employment contract.
全文
JOINT CIRCULAR
OF THE MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS - MINISTRY OF FINANCE NUMBER 07/2008/TTLT-BLDTBXH-BTC DATE MAY 30, 2008GUIDELINES FOR IMPLEMENTING DECREE NO. 11/2008/NĐ-CP OF THE GOVERNMENT ON COMPENSATION FOR DAMAGE CAUSED BY ILLEGAL STRIKES
Pursuant to Decree No. 11/2008/NĐ-CP dated January 30, 2008 of the Government on compensation for damage caused by illegal strikes (hereinafter referred to as Decree No. 11/2008/NĐ-CP), the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance provide guidance as follows:
I. SCOPE OF REGULATION, APPLICABLE OBJECTS
The scope of regulation and applicable objects for compensation for damage under Articles 1 and 2 of Decree No. 11/2008/NĐ-CP are specified as follows:
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
a) This Circular stipulates the responsibility for compensating damage, the amount of compensation for damage, and the form of compensation for damage of organizations and individuals participating in strikes that cause damage to employers when the strike is declared illegal by the People's Court according to Article 1 of Decree No. 11/2008/NĐ-CP.
b) Compensation for damage to property of persons who take advantage of strikes (whether legal or illegal) and intentionally infringe upon the property of enterprises shall not be applied according to Decree No. 11/2008/NĐ-CP and this Circular but shall be applied according to the provisions of the Civil Code on compensation for tortious damage outside contracts.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
The applicable objects under Article 2 of Decree No. 11/2008/NĐ-CP include:
a) Organizations and individuals who have led or participated in illegal strikes:
- The Trade Union Committee of the grassroots trade union or the Temporary Trade Union Committee (hereinafter referred to as the Trade Union Committee of the grassroots trade union);
- Representatives elected by the labor collective and such election has been notified to the provincial-level trade union federation or equivalent;
- Workers.
b) Employers include:
- Enterprises established and operating under the Law on Enterprises.
- State-owned companies during the period of transition according to Clause 2, Article 166 of the Law on Enterprises.
- Cooperatives and Cooperative Federations established and operating under the Law on Cooperatives.
- Organizations, units, foreign individuals or Vietnamese individuals using labor under employment contracts.
II. PROVISIONS ON COMPENSATION FOR DAMAGE
1. Liability for Compensation for Damage
The liability for compensation for damage under Article 4 of Decree No. 11/2008/NĐ-CP is specified as follows:
a) In cases where a strike led by the grassroots trade union committee is declared illegal by the People's Court and causes damage to employers, the Trade Union Committee of the grassroots trade union shall bear the responsibility for compensating the damage.
b) In cases where a strike led by representatives of the labor collective is declared illegal by the People's Court and causes damage to employers, those representatives of the labor collective and workers participating in the strike must bear personal responsibility for fulfilling the obligation to compensate the damage to employers.
2. Claims for Compensation for Damage
The claims for compensation for damage by employers under Article 5 of Decree No. 11/2008/NĐ-CP are specified as follows:
Within one year from the date the decision of the People's Court regarding the illegality of the strike becomes effective, employers have the right to request the trade union or representatives of the labor collective and workers participating in the strike to compensate for the damage.
The claim for compensation for damage shall be in writing and include contents about the value of the damage, the amount of compensation requested, the method and deadline for compensation according to Model No. 1 attached to this Circular.
The written claim for compensation for damage and related documents shall be sent to the Trade Union Committee of the grassroots trade union or representatives of the labor collective, and simultaneously sent to the Department of Labor - Invalids and Social Affairs, the Provincial Federation of Trade Unions, and the Central City Federation of Trade Unions where the strike occurred.
3. Determination of Damage for Compensation
The determination of damage for compensation under Article 6 of Decree No. 11/2008/NĐ-CP is specified as follows:
a) Employers have the responsibility to determine the damage caused by illegal strikes. The value of the damage is calculated in Vietnamese dong based on the extent of damage caused by illegal strikes, including:
- The value of machinery and equipment that need replacement due to damage; raw materials and supplies for production and business operations that are damaged and cannot be used; semi-finished products and finished products that have been completed but not yet processed for storage and packaging and are damaged and cannot be used anymore, minus the value recovered from liquidation (if any).
- Operating costs of machinery and equipment during the duration of the strike to prevent damage such as electricity, water, fuel, rental fees for operating personnel; repair costs for damaged machinery and equipment; preservation costs of raw materials and products during the duration of the strike; recycling costs of raw materials, semi-finished products, or finished products that are damaged; cleaning and disposal costs of raw materials and products that are damaged.
b) The principle for determining the compensation price is the market price at the time of the illegal strike; specifically, for fixed assets that are damaged due to cessation of operation and require replacement or repair, the compensation price is determined based on the original cost of the fixed asset, the depreciation rate of the fixed asset according to current regulations, and the value recovered from liquidation (if any).
c) In cases where both parties disagree on the value of the damage, they have the right to request a neutral organization to determine the value of the damage. The cost of determining the value of the damage shall be borne by the party making the request.
The neutral organization for determining the value of the damage is an appraisal organization established in accordance with the law.
4. Amount of Compensation for Damage
The amount of compensation for damage under Article 7 of Decree No. 11/2008/NĐ-CP is specified as follows:
The level of compensation for damages agreed upon by both parties on the basis of the value of damages determined in accordance with Clause 3 of this Section shall not exceed three (03) months' wages or salaries immediately preceding the date of the strike as stipulated in the labor contracts of the workers participating in the strike. Wages or salaries under the labor contract are those serving as the basis for social insurance contributions and benefits.
5. Negotiation on Compensation for Damages at the Enterprise
Negotiation on compensation for damages at the enterprise is specified as follows pursuant to Article 8 of Decree No. 11/2008/NĐ-CP:
a) Within ten days from the date of receipt of the request for compensation for damages, the Trade Union Committee or the representative of the workforce must provide a written response.
If they agree with the employer's request for compensation for damages, they must issue a commitment to compensate for damages according to Model No. 2 attached hereto. The commitment to compensate for damages serves as the legal basis for determining the obligation to compensate for damages of the representative of the grassroots trade union committee or the representative of the workforce.
If they disagree, they must issue a request for negotiation according to Model No. 3 attached hereto specifying the time and place of negotiation and send it to the employer, the Department of Labor, Invalids and Social Affairs, and the Provincial Federation of Trade Unions.
b) Within three working days from the date of receipt of the request for negotiation, the employer has the responsibility to organize a negotiation session. In case it is not possible to organize the negotiation session within the prescribed period, the employer must issue a document detailing the reasons and setting a specific time for organizing the next negotiation session.
c) The negotiation session is jointly chaired by the employer and the representative of the Trade Union Committee or the representative of the workforce, with a secretary recording the minutes of the session.
The content of the negotiation includes: the level of compensation for damages, the method of compensation for damages, and the deadline for compensating for damages.
The minutes of the negotiation session must fully record: participants, negotiation content, negotiation results, signatures of the employer, signatures of the representative of the Trade Union Committee or the representative of the workforce, and the signature of the session secretary. The minutes of the negotiation session are established according to Model No. 4 attached hereto and serve as the legal basis for determining the rights and obligations of the related parties responsible for implementing the compensation for damages (if the negotiation reaches an agreement) or serve as the basis for the two parties to initiate litigation before the People's Court (if the negotiation does not reach an agreement).
During the negotiation session, both parties have the right to invite representatives of state management agencies on labor, higher-level trade unions, and local employers to participate in the session.
d) At the negotiation session, if both parties cannot agree on the value of damages, the session will be temporarily suspended for one of the parties to request a neutral organization to determine the value of damages.
Within five working days from the date of suspending the negotiation session, the party requesting the re-determination of the value of damages must issue a document requesting a neutral organization to determine the value of damages. After this period, if there is no document requesting a neutral organization to determine the value of damages, both parties must resume the negotiation session.
Within five working days from the date the neutral organization announces the result of determining the value of damages, both parties must accept that result and organize another negotiation session to agree on the remaining contents.
đ) After ten days from the date of receipt of the request for compensation for damages from the employer, if the Trade Union Committee or the representative of the workforce does not issue a reply, it shall be considered that the representative of the workers refuses to negotiate.
6. Initiating Litigation to Claim Compensation for Damages
a) The employer has the right to initiate litigation before the People's Court at the district where the strike occurred to claim compensation for damages in accordance with Article 9 of Decree No. 11/2008/NĐ-CP in the following cases:
- The representative of the workers refuses to negotiate as provided for in point đ, Clause 5 of this Section;
- The negotiation does not reach an agreement based on the negotiation minutes;
- The party obligated to compensate for damages does not implement the compensation according to the Damage Compensation Commitment (as stipulated in point a, Clause 5 of this Section) or the negotiation minutes.
b) The procedure and process of initiating litigation before the People's Court are carried out in accordance with the provisions of civil procedural law.
7. Implementation of Compensation
The implementation of compensation for damages in accordance with Article 10 of Decree No. 11/2008/NĐ-CP is specified as follows:
a) The grassroots trade union that led the illegal strike must compensate for damages to the employer using the funds of the grassroots trade union, including the following sources:
- Funds retained by the grassroots trade union from monthly union fees paid by members and trade union funds contributed by the employer in accordance with current regulations.
- Other revenues: revenues from cultural and sports activities, production and business operations, services organized by the trade union, and donations from domestic and foreign organizations.
b) In the event that the representative of the workforce leading the strike is declared illegal by the People's Court, the representative of the workforce and the workers participating in the strike must individually compensate for damages according to their personal liability.
The level of individual liability is determined by dividing the total amount of compensation for damages by the total number of strikers (including the leaders of the strike).
Each individual's compensation is deducted gradually from their monthly wages or salaries. The deduction rate each month shall not exceed thirty percent of the wage or salary recorded in the labor contract serving as the basis for social insurance contributions and benefits.
In the case where the employee terminates the labor contract before fulfilling the obligation to compensate, the remaining compensation amount shall be considered as a debt owed by the employee to the employer. The settlement of this debt shall be agreed upon by both parties or in accordance with the provisions of the law.
c) The implementation of compensation through physical assets or through the performance of a work agreed upon by both parties based on the conversion of physical assets and labor into monetary value.
III. IMPLEMENTATION
1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.
2. During its implementation, if there are any difficulties, please report to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance for prompt resolution./.
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DEPUTY MINISTER MINISTRY OF FINANCE DEPUTY MINISTER Pham Sy Danh |
DEPUTY MINISTER LABOR - INVALIDS AND SOCIAL AFFAIRS MINISTRY SOCIAL DEPUTY MINISTER Huynh Thi Nhan |
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Model Number 1: Issued together with Joint Circular No. 07/2008/TTLT-BLDTBXH-BTC dated May 30, 2008, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.
| NAME OF ENTERPRISE |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
|---|---|
| Number: | ..., day..., month..., year... |
CLAIM FOR COMPENSATION OF DAMAGE
Respectfully submitted to: ...(THE WORKING GROUP UNION AT THE BASE UNIT /THE REPRESENTATIVE OF THE LABOR UNION THAT LED THE ILLEGAL STRIKE)
- Based on Decision No... dated... month... year... of the People's Court... regarding the illegality of the strike that occurred on... month... year...
- Based on Decree No. 11/2008/NĐ-CP dated January 30, 2008 of the Government stipulating the compensation for damages in cases where strikes declared illegal by the People's Court cause damage to employers, Joint Circular No. 07/2008/TT-BLDTBXH-BTC dated May 30, 2008 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance guiding the implementation of Decree No. 11/2008/NĐ-CP;
- Based on the damage caused by the strike that occurred on... month... year...
Enterprise(name of enterprise) requests compensation for damages from the Trade Union at the base unit that led the illegal strike/The Representative of the Labor Union that led the illegal strike and the employees who participated in the illegal strike according to the following contents:
1. Request for compensation for damages
1.1. Value of damage:
| No. | Damage | Quantity | state treasury funds |
Unit price (Vietnamese Dong) |
Value of damage |
Remarks (Record the name of the evidence proving the damage if available) |
|---|---|---|---|---|---|---|
| 1 | ||||||
| 2 | ||||||
| 3 | ||||||
| 4 | ||||||
| 5 | ||||||
| Total | ||||||
1.2. Level of compensation requested(record the detailed level of compensation requested).
1.3. Method of requesting compensation for damages(record specifically the form: in cash/in kind/by performing a task).
1.4. Time limit for implementing compensation for damages(record clearly the time period for implementing compensation for damages).
2. Request the Trade Union at the base unit/The Representative of the Labor Union and the employees who participated in the illegal strike to implement compensation for damages strictly in accordance with the contents of 1.2, 1.3, 1.4 above.
3. Within ten days, if the Working Group Union at the Base Unit/The Representative of the Labor Union that led the illegal strike does not respond to this negotiation request with a written reply, the enterprise(name of enterprise) will initiate legal proceedings against the competent People's Court to seek compensation for damages.
|
Place of Receipt: - As respectfully submitted; - Department of Labor, Invalids and Social Affairs, Provincial Federation of Trade Unions (for information); - File. |
DIRECTOR/GENERAL DIRECTOR (Signature, stamp) |
|---|
Model Number 2: Issued together with Joint Circular No. 07/2008/TTLT-BLDTBXH-BTC dated May 30, 2008, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.
| THE WORKING GROUP UNION AT THE BASE UNIT/REPRESENTATIVE OF THE LABOR UNION ENTERPRISE.....(name of enterprise) |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
|---|
..., day..., month..., year...
COMMITMENT TO COMPENSATE FOR DAMAGES
Respectfully submitted to: ...(name of enterprise)
After reviewing the letter No.... dated... month... year... regarding the request for compensation for damages from the enterprise(name of the enterprise).
The Working Group Union at the Base Unit/Representative of the Labor Union commits to compensate for damages in accordance with the requests of the enterprise(name of the enterprise). Specifically as follows:
- Regarding the level of compensation for damages(record clearly the level of compensation):
- Regarding the time limit for implementing compensation for damages(record clearly the time period for compensation):
- Regarding the method of implementing compensation for damages(record clearly the form of compensation):
|
Place of Receipt: - As respectfully submitted; - Department of Labor, Invalids and Social Affairs, Provincial Federation of Trade Unions (for information); - File. |
TM. THE WORKING GROUP UNION AT THE BASE UNIT/ TM. REPRESENTATIVE OF THE LABOR UNION Signature, stamp (if any) |
|---|
Model Number 3: Issued together with Joint Circular No. 07/2008/TTLT-BLDTBXH-BTC dated May 30, 2008, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.
| THE WORKING GROUP UNION AT THE BASE UNIT/REPRESENTATIVE OF THE LABOR UNION ENTERPRISE.....(name of enterprise) |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
|---|
..., day..., month..., year...
NEGOTIATION REQUEST
Respectfully submitted to: ...(name of enterprise)
After reviewing the letter No.... dated... month... year... regarding the request for compensation for damages from the enterprise(name of enterprise)The Trade Union at the base unit/Representative of the Labor Union requests the enterprise(name of enterprise) to convene a negotiation meeting to agree on the matter of compensating for damages.
We request the enterprise(name of enterprise) to arrange the venue, time, and invite representatives to attend the negotiation meeting.
We commit to attend the negotiation meeting with the correct composition, time, and venue.
|
Place of Receipt: - As respectfully sent; - Department of Labor, Invalids and Social Affairs, Provincial Federation of Trade Unions (for information); - File. |
TM. THE WORKING GROUP UNION AT THE BASE UNIT/ TM. REPRESENTATIVE OF THE LABOR UNION Signature, stamp (if any) |
|---|---|
Model Number 4: Issued together with Joint Circular No. 07/2008/TTLT-BLDTBXH-BTC dated May 30, 2008, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.
|
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
|---|
NEGOTIATION MINUTES
Today, at...(venue). At... o'clock, on... month... year... We include:
- Representatives of the enterprise(name of the enterprise): record clearly the full name and position of the participants.
- Representatives of the Working Group Union at the Base Unit/Representative of the Labor Union: record clearly the full name and position of the participants.
- Representatives of other participating parties (if any): record clearly the full name and position of the participants.
Have convened a negotiation meeting to discuss compensation for damages caused by the illegal strike to the enterprise:
1. Content of the negotiation meeting (record clearly the content and statements made).
2. Results of the negotiation meeting. After negotiating, both parties have reached an agreement (or not reached an agreement) on the compensation for damages caused by the illegal strike. Specifically: (record clearly the agreed or unagreed content).The minutes were completed at... o'clock, on... month... year...
These minutes are prepared in two copies, each party retains one copy.
Representatives of the authority if present
|
Representative of the Enterprise (Signature, stamp) |
(Sign, record clearly full name, position, working organization.) Representatives of the Working Group Union at the Base Unit/Representative of the Labor Union |
Meeting Secretary (Sign and write full name) |
|---|---|---|
|
Secretary of the meeting (Sign and write full name) |
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