Decree No. 12/2008/ND-CP detailing and guiding the implementation of Article 176 of the Labor Code on postponing or stopping strikes and resolving collective labor rights.

DECREE

Regulations on detailing and guiding the implementation of Article 176 of the Labour Code regarding the postponement or cessation of strikes and the resolution of collective labour rights

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labour Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labour Code dated April 2, 2002; the Law Amending and Supplementing Certain Provisions of the Labour Code dated November 29, 2006;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Decree details and guides the implementation of Article 176 of the Labour Code amended and supplemented in 2006 concerning the postponement or cessation of strikes and the resolution of collective labour rights.

This Decree applies to all workers employed under labour contracts; to enterprises, organizations, and individuals hiring workers under labour contracts within the territory of the Socialist Republic of Vietnam.

Enterprises that are not allowed to strike according to the Government's regulations are not subject to the provisions of this Decree.

Article 2. Interpretation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Postponing a strike means delaying the start date of a strike that the Trade Union Executive Committee or the representative of the collective workforce has set in the demand letter sent to the employer, provincial labour authority, and provincial General Federation of Labour Unions, as stipulated in Article 174b of the Labour Code amended and supplemented in 2006, to a later date according to the Prime Minister's Decision.

2. Ceasing a strike means temporarily suspending a currently ongoing strike for a limited period until there is no longer a serious threat to the national economy and public interest according to the Prime Minister's Decision..

Article 3. A strike may be postponed or ceased when there is a serious threat to the national economy and public interest in the following situations:

1. A planned strike scheduled to occur on national holidays as defined in the Labour Code or at the district, town, city, or provincial level where an international conference hosted by the Vietnamese State is taking place..

2. A strike at enterprises providing public services for three days or more with a risk of endangering the health and livelihood of residents in the district, town, or provincial city.

3. A strike at a national key construction project under construction.

4. A strike during a time of emergency due to natural disasters or epidemics in the area where the strike is occurring.

5. A strike proceeding in a manner inconsistent with the purpose of the labour dispute as stated in the demand letter from the Trade Union Branch Executive Committee or the representative of the collective workforce (where there is no trade union organization) sent to the employer, provincial labour authority, and provincial General Federation of Labour Unions.

Chapter 2.

PROCEDURES FOR POSTPONING AND CEASING STRIKES AND THE RESOLUTION OF COLLECTIVE LABOUR RIGHTS

Section 1. PROCEDURES FOR POSTPONING AND CEASING STRIKES

Article 4. Procedures for postponing a strike

1. Upon receiving notification from the Trade Union Branch Executive Committee or the representative of the collective workforce (where there is no trade union organization) about the decision to organize a strike as specified in Clause 1 of Article 3 of this Decree, within twenty-four hours from the receipt of the notification, the Director of the Department of Labour, Invalids and Social Affairs must report to the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as the Chairman of the Provincial People's Committee).2. Within twenty-four hours from the receipt of the report from the Director of the Department of Labour, Invalids and Social Affairs, if it is determined that the strike poses a serious threat to the national economy and public interest, the Chairman of the Provincial People's Committee must report to the Prime Minister, and simultaneously send the report to the Minister of Labour, Invalids and Social Affairs and the Chairman of the Vietnam General Confederation of Labour.

The report from the Chairman of the Provincial People's Committee to the Prime Minister shall include the following main contents:

a) Name of the enterprise where the collective workforce plans to strike, location of the planned strike;

b) Start date of the strike (day... month... year....);

c) Demands of the collective workforce;

d) Reason for the strike;

đ) Labour dispute over rights or benefits;

e) Number of workers registered to participate in the strike;

g) Serious threat to the national economy and public interest;

h) Recommendation to postpone the strike, duration of the postponement, and measures to implement the Prime Minister's Decision to postpone the strike.;

3. The Prime Minister's Decision on postponing the strike or the opinion on disagreeing to postpone the strike shall be communicated to the Chairman of the Provincial People's Committee and sent to the Minister of Labour, Invalids and Social Affairs, and the Chairman of the Vietnam General Confederation of Labour.

4. The duration of the postponement of the strike in the Prime Minister's Decision to postpone the strike depends on the serious threat to the national economy and public interest but shall not exceed fifty days at most.

5. Upon receiving the Prime Minister's Decision to postpone the strike, within one hour, the Chairman of the Provincial People's Committee must promptly inform the Trade Union Branch Executive Committee or the representative of the collective workforce (where there is no trade union organization), the employer, and organize the implementation of the Prime Minister's Decision to postpone the strike.

6. Within forty-eight hours from the receipt of the Decision to postpone the strike, the Chairman of the Provincial People's Committee reports to the Prime Minister on the results of the implementation..

The report from the Chairman of the Provincial People's Committee to the Prime Minister on the results of implementing the Decision to postpone the strike shall include the following main contents:

a) Results of postponing the strike;

b) Measures already taken and being implemented to resolve the demands of the collective workforce.

7. During the period of postponement of the strike as recorded in the Prime Minister's Decision to postpone the strike, starting from the date of announcement of that Decision, the collective workforce may not organize a strike.

7. During the period of the strike postponement recorded in the Decision on Postponing the Strike issued by the Prime Minister, from the date of publication of such Decision, the labor collective shall not go on strike.

Article 5. Procedures for Terminating a Strike

1. When it is deemed that the ongoing strike poses a serious threat to the national economy or public interest as stipulated in Clause 2, Clause 3, Clause 4, or Clause 5 of Article 3 of this Decree, within 24 hours, the Chairman of the People's Committee at the district, town, city, or provincial city level (hereinafter referred to as the Chairman of the People's Committee at the district level) must report to the Chairman of the People's Committee at the provincial level about the strike.

2. After receiving the report on the strike, the Chairman of the People's Committee at the provincial level, if deeming that the strike poses a serious threat to the national economy or public interest, must report to the Prime Minister within 24 hours from the time of receiving the report from the Chairman of the People's Committee at the district level, while sending the report to the Minister of Labor, Invalids, and Social Affairs and the Chairman of the Vietnam General Confederation of Labor.

The report by the Chairman of the People's Committee at the provincial level regarding the termination of the strike shall include the following main contents:

a) Name of the enterprise where the strike is taking place, location of the strike;

b) Time of commencement of the strike (day... month... year....);

c) Scope of the strike;

đ) Labour dispute over rights or benefits;

d) Number of workers participating in the strike;

e) Demands of the labor collective;

g) Labor dispute concerning rights or benefits;

h) Risk of serious harm to the national economy and public interest;

i) Recommendations for terminating the strike, duration of the termination, and measures to implement the Prime Minister's Decision to terminate the strike..

3. The Prime Minister's decision to terminate the strike or the opinion disagreeing with the termination of the strike shall be immediately communicated to the Chairman of the People's Committee at the provincial level and sent to the Minister of Labor, Invalids, and Social Affairs, and the Chairman of the Vietnam General Confederation of Labor.

4. The duration of the termination of the strike in the Prime Minister's Decision to terminate the strike depends on the risk of serious harm to the national economy and public interest but shall not exceed 60 days.

5. Upon receipt of the Prime Minister's Decision to terminate the strike, within one hour, the Chairman of the People's Committee at the provincial level must announce the Prime Minister's decision to terminate the strike to the Executive Board of the Grassroots Trade Union or the representative of the labor collective (where there is no trade union organization) and the employer.

6. Within 48 hours from the time of receiving the Prime Minister's Decision to terminate the strike, the Chairman of the People's Committee at the provincial level must report to the Prime Minister on the implementation of the termination of the strike.

The report by the Chairman of the People's Committee at the provincial level to the Prime Minister on the results of implementing the Decision to terminate the strike shall include the following main contents:

a) Results of terminating the strike;

b) Security situation of the enterprise and the area;

c) Measures already taken and being implemented to address the demands of the labor collective in accordance with labor laws.

7. During the period specified in the Prime Minister's Decision to terminate the strike, from the time of announcing the decision, the labor collective may not engage in a strike.

Article 6. Implementation of the Prime Minister's Decision

Trade unions, representatives of groups of workers, and employers shall strictly comply with the Prime Minister's decision to postpone or stop a strike. Persons who incite, coerce, or force workers to strike, or participate in strikes contrary to the Prime Minister's Decision shall be subject to administrative penalties or criminal liability depending on the severity of their violations as provided by law.

Section 2. SETTLEMENT OF RIGHTS AND INTERESTS OF GROUPS OF WORKERS

Article 7. Resolution of Requests from Groups of Workers

1. When the Prime Minister decides to postpone or stop a strike, if the cause of the strike stems from disputes over rights, the Prime Minister shall assign the Chairman of the People's Committee at the provincial level to resolve it in accordance with the law. If the cause of the strike stems from disputes over interests, the Prime Minister shall assign the Chairman of the People's Committee at the provincial level to request the parties to negotiate and mediate, with the participation of the provincial labor authority and the provincial trade union federation, to satisfactorily resolve the legitimate requests of the group of workers.

2. After the period for postponing or stopping the strike as decided by the Prime Minister has expired, if the employer fails to satisfactorily resolve the legitimate requests of the group of workers according to the resolution and guidance of competent authorities, the group of workers has the right to continue implementing the strike.

Article 8. Settlement of Rights and Interests of Groups of Workers During Postponement or Suspension of Strikes

The rights and interests of workers during the suspension of a strike shall be resolved in accordance with Article 174d of the Labor Code amended and supplemented in 2006.

Chapter 3.

IMPLEMENTING PROVISIONS

Article 9. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 10. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.