Circular No. 12/LDTBXH-TT guiding the proposal to adjust the List of enterprises not allowed to strike

CIRCULAR

OF THE MINISTRY OF LABOR - SOCIAL AFFAIRS AND WAR INVALIDS NO. 12-LDTBXH/TT, APRIL 8, 1997 GUIDING THE PETITION TO AMEND THE LIST OF ENTERPRISES NOT PERMITTED TO STRIKE

CORRECT THE LIST OF ENTERPRISES NOT PERMITTED TO STRIKE

IMPLEMENTING Article 3 of Decree No. 51/CP dated August 29, 1996 of the Government on the settlement of collective labor demands at enterprises not permitted to strike, the Ministry of Labor - Social Affairs and War Invalids guides the petition to amend the List of Enterprises Not Permitted to Strike as follows:

1. To have a basis for petitioning to amend the List of Enterprises Not Permitted to Strike, first, Ministries, sectors, and localities must grasp the number of enterprises under their management, assess the operational situation of each enterprise, and based on the List already issued together with Decree No. 51/CP, statistically grasp firmly the List of Enterprises Not Permitted to Strike under their management by sector and territory, clearly stating the name, address, and production, business, and service fields of each enterprise, guiding and inspecting these enterprises to implement the provisions stipulated in Decree No. 51/CP.

From this, annually, they shall consider enterprises that need to be proposed for inclusion in or removal from the List prescribed by the State based on one of the following conditions:

- Public service enterprises must be enterprises whose cessation of operations due to strikes would seriously affect the daily life of over 30% of the population in cities or large industrial zones;

- Enterprises producing or supplying certain essential products for the economy and people's livelihood must be enterprises assigned by the State to perform tasks with substantial state capital investment, enterprises with controlling or special state shares, or enterprises providing services to the people's livelihood according to state pricing policies where revenues are insufficient to cover production costs, receiving state budget assistance through subsidies, price supports, or other preferential measures.

- Enterprises producing products directly serving national security and defense must be defense enterprises and economic defense enterprises established by the Prime Minister and managed by the Ministry of Interior and the Ministry of Defense.

2. After reviewing according to the above conditions, Ministries, sectors, and localities will examine each enterprise specifically to propose its inclusion in or removal from the List prescribed by the State according to the following contents:

a/ Clearly state the name and address of the enterprise (headquarters and branch locations); date of establishment of the enterprise, decision number, and competent authority issuing the decision.

b/ Clearly state the type of enterprise: state-owned enterprise (central or local); non-state-owned enterprise or foreign-invested enterprise; superior supervisory agency of the enterprise (if any);

c/ The production, business, and service fields and main products of the enterprise;

d/ Total number of employees regularly working at the enterprise, including those under contracts lasting three months or more;

e/ Reasons for proposing to include a new enterprise in the List or remove an existing enterprise from the List. (When stating reasons, clearly indicate the opinion of the local trade union organization or industry trade union).

3- Prepare a table according to Model Forms No. 1 and No. 2 of this Circular, attached to a letter requesting signed by the Minister, Head of the supervising agency, or Chairman of the People's Committee of provinces or centrally-administered cities, to be sent to the Ministry of Labor - Social Affairs and War Invalids before January 15th each year for the Ministry of Labor - Social Affairs and War Invalids to compile and submit to the Government for consideration and decision.

This Circular takes effect from May 1, 1997.