Decree No. 122/2007/ND-CP on the List of Enterprises Not Allowed to Strike and the Handling of Collective Labor Requests at Such Enterprises

DECREE

Regulations on the List of Enterprises Not Allowed to Strike and the Resolution of Collective Labor Requests at Such Enterprises

Regulations on the List of Enterprises Not Allowed to Strike and the Resolution of Collective Labor Requests at Such Enterprises

THE GOVERNMENT

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

Pursuant to the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; the Law Amending and Supplementing Certain Provisions of the Labor Code dated November 29, 2006;

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

DECREE:

Article 1. Scope of application

This Decree stipulates the List of Enterprises Not Allowed to Strike and the Resolution of Collective Labor Requests at Such Enterprises.

Article 2. Applicability

This Decree applies to enterprises, employers, employees, the Executive Committee of the Grassroots Trade Union, and the Temporary Executive Committee of the Grassroots Trade Union (hereinafter referred to as the Executive Committee of the Grassroots Trade Union) at enterprises included in the List of Enterprises Not Allowed to Strike.

Article 3. The List of Enterprises Not Allowed to Strike

1. Enterprises not allowed to strike include enterprises producing and supplying public utility products and services and enterprises playing a vital role in the national economy (the List is attached hereto).

2. The List of security and defense enterprises not allowed to strike shall be decided by the Prime Minister based on the proposal of the Minister of National Defense and the Minister of Public Security. The Prime Minister decides, based on the proposal of the Minister of National Defense and the Minister of Public Security.

Based on economic and social conditions, the Prime Minister may amend and supplement the List of Enterprises Not Allowed to Strike upon the proposal of the Minister of Labor, Invalids and Social Affairs, the Minister of National Defense, and the Minister of Public Security.Resolution of Collective Labor Requests

Article 4. 1. Employers shall cooperate with the Executive Committee of the Grassroots Trade Union to fully implement the provisions of labor laws, collective labor agreements, internal labor regulations, and enterprise rules established in accordance with labor laws; and proactively resolve any difficulties arising during implementation.

2. Every six months, the Minister, Head of a ministry equivalent to a ministry, or Head of an agency under the Government, and the Chairman of the People's Committee of a provincial-level city shall be responsible for chairing and coordinating with trade union organizations and representatives of employers to hear the opinions of employers and the Executive Committee of the Grassroots Trade Union at enterprises not allowed to strike in order to promptly address legitimate collective labor requests.

3. When there is a collective labor request, the employer shall take the lead and coordinate with the Executive Committee of the Grassroots Trade Union to resolve it. Within three working days from the date of receipt of the request, if the parties cannot resolve the issue, the employer must report to the Department of Labor, Invalids and Social Affairs; the Executive Committee of the Grassroots Trade Union must report to the higher-level trade union organization for coordination in resolving the issue.

4. Within three working days from the date of receipt of the request, the Department of Labor, Invalids and Social Affairs shall take the lead and coordinate with trade union organizations and relevant agencies to resolve the issue. If the issue cannot be resolved or exceeds the authority of the Department, the Department of Labor, Invalids and Social Affairs must immediately report to the People's Committee of the province for coordination with relevant ministries and sectors to resolve the issue.

Resolution of Collective Labor Disputes

Article 5. 1. When a collective labor dispute occurs at an enterprise not allowed to strike, each party or both parties involved in the dispute have the right to request the Labor Arbitration Council to resolve the dispute.

2. Within a maximum period of five working days from the date of receipt of the request, the Labor Arbitration Council must conduct mediation and resolution.

If one party or both parties disagree with the decision of the Labor Arbitration Council, they have the right to request the competent court to resolve the matter in accordance with the law.

Abolish Decree No. 51/CP dated August 29, 1996 of the Government on the Resolution of Collective Labor Requests at Enterprises Not Allowed to Strike; and Decree No. 67/2002/NĐ-CP dated July 9, 2002 of the Government amending and supplementing the List of Enterprises Not Allowed to Strike issued together with Decree No. 51/CP dated August 29, 1996 of the Government.

Article 6. Effectiveness

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

Ministers, Heads of ministries equivalent to ministries, Heads of agencies under the Government, Chairmen of provincial-level People's Committees, and enterprises included in the List of Enterprises Not Allowed to Strike are responsible for implementing this Decree./.

Article 7. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and enterprises listed in the category of enterprises not entitled to strike shall be responsible for implementing this Decree./.