Ordinance No. 48-L/CTN on Procedures for Resolving Labor Disputes

ORDINANCE

Procedures for Resolving Labor Disputes

To resolve labor disputes in accordance with the law in a timely manner to protect the interests of the State, the legitimate rights and interests of workers, trade unions, and employers;

Pursuant to Article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Labor Code;

This Ordinance stipulates the procedures for resolving labor disputes before the Court.

Part One:

Procedures for Resolving Labor Cases

Chapter 1:

GENERAL PROVISIONS

Article 1. Right to Request the Court to Protect Rights and Legitimate Interests

1- Workers, trade unions, and employers have the right to initiate labor cases according to the provisions of the law to request the Court to protect their legitimate rights and interests.

In cases where it is necessary to protect the legitimate rights and interests of trade unions, the higher-level trade union has the right to initiate a lawsuit.

2- The plaintiff in a labor case has the right to withdraw the complaint, change the content of the complaint. The parties have the right to reconcile with each other.

Article 2. Obligation to Provide Documents and Evidence

The parties have the obligation to provide documents and evidence to protect their legitimate rights and interests.

Article 3. Verification and Collection of Evidence

When necessary, the Court may conduct verification and collection of evidence or request the parties involved in the labor dispute, relevant agencies, organizations, and individuals to provide documents and evidence to ensure that the resolution of the labor case is accurate and fair. The parties involved in the labor dispute, agencies, organizations, and individuals requested must provide fully and within the specified time frame as required by the Court.

Article 4. Responsibility for Mediation of the Court

During the process of resolving a labor case, the Court has the responsibility to conduct mediation so that the parties can reach an agreement on the resolution of the case.

Article 5. Equality of Rights and Obligations

The parties are equal in rights and obligations during the process of resolving a labor case.

Article 6. Public, Impartial, Timely, Prompt, and Lawful Trial

Labor cases are publicly tried in an impartial, timely, prompt, and lawful manner.

Article 7. Language and Writing Used in the Process of Resolving Labor Cases

The language and writing used in the process of resolving labor cases is Vietnamese.

Participants in litigation have the right to use their own language and writing.

Article 8. Representative by Power of Attorney

The parties may appoint a lawyer or another person to represent them in litigation according to the provisions of the law.

Article 9. Legal Effectiveness of Court Judgments and Decisions

Court judgments and decisions on labor cases that have become legally effective must be respected by state agencies, political-social organizations, economic organizations, social organizations, military units, and all citizens; workers, trade unions, employers, and relevant agencies, organizations must strictly comply with the judgments and decisions of the Court.

Article 10. Supervision of Compliance with the Law During the Resolution of Labor Cases

The People's Procuracy supervises compliance with the law during the resolution of labor cases according to the provisions of the Law on Organization of the People's Procuracy and this Ordinance.

Chapter 2:

JURISDICTION OF THE COURT

Article 11. Jurisdiction of the Court

The Court has jurisdiction over the following labor cases:

1- Individual labor disputes between workers and employers regarding rights and interests related to employment, wages, income, and other working conditions; regarding the implementation of labor contracts, and during vocational training if the grassroots conciliation council or the labor conciliator of the district, urban district, town, or city under provincial administration (hereinafter referred to collectively as the grassroots labor administration) fails to mediate successfully, except for the following individual labor disputes which do not necessarily require mediation at the grassroots level:

a) Disputes concerning disciplinary actions leading to dismissal or unilateral termination of employment contracts;

b) Disputes concerning compensation for damages to employers. 2- Collective labor disputes between trade unions and employers regarding rights and interests related to employment, wages, income, and other working conditions; regarding the implementation of collective labor agreements; regarding the right to establish, join, and operate trade unions, which have been resolved by the Provincial Labor Arbitration Council (hereinafter referred to collectively as the Provincial Labor Arbitration Council), but the trade union or employer does not agree with the decision of the Labor Arbitration Council.

Article 12. Jurisdiction of People's Courts at all levels

1- The People's Court of district, town, city under province (hereinafter referred to collectively as the People's Court at district level) shall adjudicate labor disputes according to the first instance procedure as stipulated in Clause 1 of Article 11 of this Ordinance, except for cases within the jurisdiction of the People's Court at provincial level.

2- The People's Court of province, centrally governed city (hereinafter referred to collectively as the People's Court at provincial level) shall have jurisdiction to adjudicate labor disputes according to the first instance procedure as follows:

a) Labor disputes as stipulated in Clause 2 of Article 11 of this Ordinance;

b) Labor disputes as stipulated in Clause 1 of Article 11 of this Ordinance involving foreign elements;

c) Labor cases within the jurisdiction of the People's Court at district level which may be taken up by the People's Court at provincial level when necessary for resolution.

Article 13. Territorial Jurisdiction of the Court

The People's Court with jurisdiction to hear the first instance labor case is the People's Court where the defendant works or resides; if the defendant is a legal entity, then the People's Court with jurisdiction is the People's Court where the legal entity has its principal office, except as otherwise provided by law. The parties have the right to agree that the People's Court where the plaintiff works or resides shall resolve the labor case.

Article 14. Jurisdiction of the Court based on the Plaintiff's Choice

The plaintiff has the right to choose the People's Court to request resolution of the labor case in the following circumstances:

1- If the plaintiff does not know the location or residence of the defendant, the plaintiff may request the People's Court where the defendant's assets are located or where the defendant last resided to resolve the case;

2- If the case arises from the activities of a branch of a business enterprise, the plaintiff has the right to request the People's Court where the business enterprise has its headquarters or where the branch is located to resolve the case;

3- If the case arises from the activities of an employer who is a contractor or intermediary, the plaintiff has the right to request the People's Court where the main employer has its headquarters or resides or where the contractor or intermediary resides to resolve the case;

4- If the case arises from the breach of a labor contract, collective agreement, or apprenticeship contract, the plaintiff has the right to request the People's Court where the labor contract, collective agreement, or apprenticeship contract is performed to resolve the case;

5- If the case concerns compensation for loss of life, health, medical expenses due to work-related accidents or occupational diseases, or payment of wages, unemployment benefits, severance pay, and social insurance and medical insurance payments when the employee is not covered by mandatory social insurance, the plaintiff has the right to request the People's Court where they reside or where the defendant has its headquarters or resides to resolve the case;

6- If the case concerns compensation for property damage or vocational training fees, the plaintiff has the right to request the People's Court where the defendant works or resides to resolve the case. In cases where there are multiple defendants working or residing in different places, the plaintiff has the right to request the People's Court where one of the defendants works or resides to resolve the case;

7- If the labor contract or collective agreement contains a prior agreement on the court to resolve disputes, the plaintiff can only initiate proceedings before that court.

Article 15. Transfer of cases to another court; resolution of disputes over jurisdiction

1\. In cases where the court finds that the case it has accepted does not fall within its jurisdiction, the court shall transfer the case file to the court with jurisdiction and notify the parties, agencies, organizations, and individuals who have rights and obligations related to the case.

2\. Disputes over jurisdiction shall be resolved by the higher court directly overseeing the court in question.

Chapter 3:

COURT PANEL; CHANGE OF JUDGE, ASSOCIATE JUDGE, PROSECUTOR, COURT CLERK, EXPERT, INTERPRETER

Article 16. Court panel

1\. The first-instance court panel consists of two judges and one associate judge.

2\. The second-instance court panel consists of three judges.

3\. The cassation and retrial court panels of the Supreme People's Court Labor Division consist of three judges.

4\. The Supreme People's Court Plenum, the Supreme People's Court Council of Judges, and the provincial-level People's Court Plenum must have at least two-thirds of their total membership participate when hearing cases under cassation or retrial procedures.

5\. The decisions of the court panels mentioned in Clauses 1, 2, and 3 of this Article shall be made by majority vote. Decisions of the Supreme People's Court Plenum, the Supreme People's Court Council of Judges, and the provincial-level People's Court Plenum must be approved by more than half of the members of those organizations.

Article 17. Change of Judge, Associate Judge, Prosecutor, Court Clerk, Expert, Interpreter translate

1\. A judge or associate judge must refuse to conduct proceedings or be replaced if:

a) They are simultaneously a party, representative, or defender of a party's interests, a relative of a party, or a witness in the case;

b\. They have participated in the trial of the same case as a judge or associate judge, except in cases where they are members of the Supreme People's Court Plenum or the Supreme People's Court Council of Judges, who may still participate in multiple trials of the same case under cassation or retrial procedures;

c\. They have participated in the proceedings of the same case as a prosecutor, court clerk, expert, or interpreter;

d\. In a court panel, the judge or associate judge is related to each other;

đ\. There is evidence indicating that the judge or associate judge is not impartial during the trial.

2\. A prosecutor or court clerk must refuse to participate in proceedings or be replaced if:

a) They have participated in litigation in the same case at a different level of trial;

b\. There is evidence as specified in points a and đ Clause 1 of this Article.

3\. An expert or interpreter must refuse to participate in proceedings or be replaced if there is evidence as specified in points a and đ Clause 1 of this Article.

Article 18. Procedure and authority for changing Judge, Associate Judge, Prosecutor, Court Clerk, Expert, Interpreter appraisal, interpreter

1\. Before opening the trial session, the change of judge, associate judge, court clerk, expert, or interpreter is decided by the Chief Justice of the court. The change of prosecutor is decided by the Chief Prosecutor of the prosecution office; if the prosecutor being replaced is the Chief Prosecutor, then the decision is made by the Chief Prosecutor of the higher-level prosecution office.

2\. During the trial session, the change of judge, associate judge, court clerk, expert, or interpreter is decided by the court panel after hearing the opinion of the person requested to be changed. If there is no immediate replacement available, the court panel decides to adjourn the trial session.

If there is a request to replace the prosecutor during the trial session and the court panel considers the reason for the request to be valid, it shall issue a decision to adjourn the trial session.

Within three days from the date of adjourning the trial session, the Chief Justice of the court or the Chief Prosecutor of the prosecution office shall appoint another person to replace them.

Chapter 4:

PARTICIPANTS IN LITIGATION

Article 19. Parties

1- Workers, labor collectives, employers may participate in litigation as plaintiffs, defendants, or parties with interests related to the case.

2- Individual parties may exercise their litigation rights and obligations themselves or through a written authorization to another person.

3- Labor collectives shall exercise their litigation rights and obligations through the representative of the grassroots trade union executive board.

4- Employers, as organizations, shall exercise their litigation rights and obligations through their legal representatives or through authorization.

5- In cases where a higher-level trade union initiates a lawsuit, it must provide evidence and has the rights and obligations of a plaintiff; the grassroots trade union executive board of the labor collective whose interests need protection must participate in litigation as a plaintiff.

Article 20. Litigation Rights and Obligations of Parties

1- Plaintiffs have the right to change their claims. Defendants have the right to refute the claims of the plaintiff or propose related claims. Parties with related interests may file independent claims or join the litigation with other parties.

2- Parties have the following rights:

a) Presenting documents and evidence; having access to read, copy, and view documents and evidence provided by other parties.

b) To request the court to apply provisional measures;

c) To participate in the trial session;

d) Requesting the replacement of Judge, People's Councilor, Prosecutor, Court Clerk, expert, interpreter if there is any of the reasons specified in Article 17 of this Ordinance.

đ) Mediate with each other.

e) To debate at the trial session;

g) To appeal the judgment or decision of the court;

h) To request the authority to lodge a protest against the judgment or decision of the court according to the cassation or reconsideration procedure.

3- Parties have the following obligations:

a) Providing all relevant documents and vouchers in a timely manner as required by the Court.

b) Must be present at the Court upon summons. If a defendant is summoned twice legally but still fails to appear without a valid reason, they may be fined from fifty thousand to one hundred thousand dong by the Court.

c) To strictly comply with the rules of the trial session.

Article 21. Capacity for Litigation Actions of Parties

1- Workers aged eighteen or older have the right to exercise their party rights and obligations in litigation themselves.

2- Children under fifteen years old shall exercise their party rights and obligations in litigation through a representative. Workers aged fifteen or older but under eighteen may participate in litigation themselves, but when necessary, the Court may summon their representatives to participate in litigation.

3- If a party has physical or mental disabilities that prevent them from participating in litigation, they must have their representative participate in litigation.

4- In cases where there is no representative for the party mentioned in Clause 3 of this Article to participate in litigation, the Court will appoint a close relative of the party or a member of a social organization as their representative.

Article 22. Representatives Authorized by Parties

1- Parties may authorize lawyers or others to represent them in litigation except for the following persons who are not allowed to participate in litigation as representatives authorized by parties:

a) Those without Vietnamese nationality or residing outside Vietnam, except in cases where the law provides otherwise for parties with foreign nationality, stateless persons, or Vietnamese citizens residing abroad.

b) Under eighteen years old;

c) Suffering from mental illness;

d) Currently being prosecuted for criminal offenses or convicted but not yet rehabilitated.

đ) Court officials, prosecutors.

e) Experts, interpreters, or witnesses in the case;

g) Relatives of the Judge, People's Councilor, Court Clerk, Prosecutor involved in resolving the case.

2- The authorized representative shall exercise the litigation rights and obligations of the party within the scope of the authorization.

3- Authorization to participate in litigation must be made in writing and legally certified.

Article 23. Representative of the party's rights and legitimate interests

1. The party may represent their own rights and legitimate interests or may entrust a lawyer or another person to do so.

2. One representative may protect the interests of several parties in the same case if those interests are not conflicting.

3- Defenders of the parties' legitimate rights and interests have the right:

a) To participate in litigation from the initiation of the lawsuit;

b) Requesting the replacement of Judge, Associate Judge, Prosecutor, Court Clerk, Expert, Interpreter according to Articles 17, 18, and 20 of this Ordinance;

c) Providing documents and evidence, making requests, reading the case file, copying necessary points from the case file, participating in mediation, attending court sessions.

4. The representative of the party's rights and legitimate interests has the obligation to use procedural rights as prescribed by law to contribute to clarifying the truth of the case.

Article 24. Witness

1. A person who knows facts related to the labor dispute case may voluntarily appear or be summoned by the Court or the Prosecution Office to testify.

2. Witnesses must attend according to the summons issued by the Court or the Prosecution Office, have the duty to truthfully present all information they know about the case, and bear responsibility for their testimony.

3. The party requesting the Court to summon a witness must pay the advance costs for the witness. The plaintiff must bear the costs for the witness if the testimony is significant for resolving the case.

Article 25. Expert

1. When necessary, the Court or the Prosecution Office may request an expert examination on its own initiative or at the request of the party. The expert must attend according to the summons issued by the Court or the Prosecution Office.

2- The appraiser has the right to review materials related to the object to be appraised.

The appraiser has the obligation to appraise the object requested objectively and truthfully.

3. Costs for expert examination related to work-related accidents and occupational diseases affecting workers shall be borne by the employer. In other cases, the losing party must bear the costs of the expert examination if the results are significant for resolving the case; if the results are not significant, the party requesting the examination or the Court or the Prosecution Office conducting the examination on its own initiative must bear the costs.

Article 26. Interpreter

1. If there is a participant in the proceedings who cannot use Vietnamese, the Court is responsible for appointing an interpreter.

2- The interpreter must attend according to the summons issued by the Court and interpret truthfully.

3. The losing party must bear the costs of interpretation.

Article 27. Succession of Procedural Rights and Obligations

1. If a party who is an individual dies and their property rights and obligations are inherited, the heir shall exercise the procedural rights and obligations.

2. If the employer is an organization that undergoes merger, division, transfer of ownership, management rights, or usage rights of assets, the successor of the organization's rights and obligations shall exercise the procedural rights and obligations of the previous organization.

3. The succession of procedural rights and obligations can be accepted by the Court at any stage during the resolution of the labor dispute case.

Article 28. Participation in Proceedings of the People's Supervisory Authority

During the resolution of labor disputes, the Supervisory Authority has the right to participate in proceedings at any stage when it deems necessary.

For violations of the law concerning the rights and legitimate interests of underage workers, disabled workers, and other serious violations, if no one initiates a lawsuit, the Supervisory Authority has the right to initiate prosecution.

Chapter 5:

COURT FEES

Article 29. Court Fees

The parties shall bear court fees according to the type of case and based on their interests and degree of fault in the legal relationship resolved by the Court.

The Government shall coordinate with the Supreme People's Court to stipulate regulations on court fees.

Article 30. Persons required to pay advance court fees; persons required to bear court fees

1- Plaintiffs, defendants who make claims against plaintiffs, interested parties who make independent claims must pay advance court fees and bear court fees, except for cases specified in Article 31 of this Ordinance.

2- A person appealing under appellate proceedings must pay advance appellate court fees within the appeal period; if they fail to pay the advance appellate court fees during that period, it will be considered as not having appealed, except in cases where they are exempted from paying part or all of the advance appellate court fees.

3- In cases where the lawsuit is withdrawn before the trial session begins, the plaintiff will be refunded 50% of the paid advance court fees. If reconciliation is successful before the trial session begins, the parties must pay 50% of the first-instance court fee. The parties may agree among themselves on the amount of court fees each party must bear; if they cannot reach an agreement, the Court will decide. If reconciliation is successful during the trial session, each party will bear half of the first-instance court fee.

4- If the case resolution is temporarily suspended, the court fee will be decided when the case continues to be resolved. If the case resolution is terminated according to points a, c, d, and đ of Clause 1, Article 41 of this Ordinance, the advance court fees will be deposited into the State budget.

5- Parties must bear first-instance court fees when their requests are not accepted by the Court; they must pay appellate court fees if the appellate court upholds the first-instance judgment or decision.

6- A person who has paid advance court fees will be refunded the difference if, according to the Court's decision, they must bear a lower court fee than the advance court fees paid; they will be refunded the entire amount if the Court decides they do not have to bear any court fees.

Article 31. Exemption from paying advance court fees, exemption from court fees

1- The following parties are exempted from paying advance court fees and court fees:

a) Workers demanding wages, social insurance, compensation for work-related accidents, occupational diseases;

b) Workers demanding compensation for damages or initiating lawsuits due to wrongful termination or unilateral termination of labor contracts;

c) The grassroots trade union committee initiating lawsuits for the benefit of workers' collectives.

2- Grassroots trade unions, provincial-level trade unions, industry trade unions initiating lawsuits or appeals are not required to pay advance court fees, first-instance court fees, and appellate court fees.

The prosecution initiating charges or appeals does not need to pay advance court fees, first-instance court fees, or appellate court fees.

3- Parties who are workers not falling under the provisions of Clause 1 of this Article, if they have economic difficulties confirmed by the People's Committee of communes, wards, or towns, may be exempted from paying part or all of the advance court fees and court fees by the Court.

Chapter 6:

INITIATION AND HANDLING OF CASES

Article 32. Initiating a lawsuit

1- The person initiating a lawsuit must file a petition requesting the competent court to resolve the dispute within the following time limits:

a) One year from the date the dispute arises or six months from the date the grassroots labor conciliation council or the labor conciliator of the county-level labor authority fails to reconcile disputes regarding disciplinary actions leading to dismissal or unilateral termination of labor contracts, or compensation for damages to employers; b) Six months from the date the grassroots labor conciliation council or the labor conciliator of the county-level labor authority fails to reconcile other individual labor disputes;

c) Three months from the date of the provincial labor arbitration council's decision on collective labor disputes which the labor collective or employer disagrees with.

2- The complaint must clearly state:

a) Date of submission;

b) The court requested to resolve the case;

c) The name and surname of the plaintiff and defendant;

d) The address of the plaintiff and defendant; if the defendant's address is unknown, the workplace address, last known residence, or the location of the defendant's headquarters should be stated;

đ) The nature of the dispute and its value, if applicable;

e) The negotiation process, reconciliation attempts, and decisions of the provincial labor arbitration council (if any);

g) Requests for the Court to resolve.

3- The complaint must be signed by the plaintiff or the representative of the plaintiff. Supporting documents proving the plaintiff's claim must accompany the complaint.

4- The grassroots labor conciliation council, the labor conciliator of the county-level labor authority, and the provincial labor arbitration council are responsible for sending the court the file along with the reconciliation failure certificate or decision on resolving labor disputes.

Article 33. Right to Amend the Claim of the Plaintiff

1. The person who has filed a lawsuit has the right to amend the claim stated in the complaint before the court convenes a hearing.

2. At the hearing, the amendment of the claim will only be accepted if it does not require postponing the hearing for further verification or if the parties agree on the amendment.

Article 34. Return of the Complaint

The Court will return the complaint in the following cases:

a) The person filing the complaint does not have the right to sue;

b) The complaint is not prepared in accordance with Clause 2 of Article 32 of this Ordinance;

c) The statute of limitations for filing a lawsuit has expired;

d) The matter has not been resolved by the labor conciliation council at the grassroots level or by the labor conciliator of the district-level labor authority or by the provincial labor arbitration council, except for matters that do not necessarily need to be resolved through grassroots conciliation;

đ) The matter has already been resolved by a judgment or decision that has become legally binding from the court or by a decision of another competent authority;

e) The matter does not fall within the jurisdiction of the court.

Article 35. Acceptance of the Case

1. When the court finds that the case falls within its jurisdiction, it must immediately notify the plaintiff. Within seven days from the date of filing the complaint, the plaintiff must pay the advance litigation fee, except in cases where payment of the advance litigation fee is waived.

2. The court accepts the case from the date the plaintiff presents the receipt for the advance litigation fee. In cases where the plaintiff is exempted from paying the advance litigation fee, the court's acceptance of the case is calculated from the date of receiving the complaint.

Chapter 7:

PREPARATION FOR TRIAL

Article 36. Time Limit for Preparing for Trial

1. Within seven days from the date of accepting the case, the court must notify the defendant and other interested parties about the contents of the complaint.

Within seven days from the date of receiving the notification, the defendant and other interested parties must submit their written opinions to the court regarding the complaint and other relevant documents related to the resolution of the case; if no written opinion is received within this period, the court continues to resolve the case.

2. Within thirty days from the date of accepting the case, the judge assigned to preside over the hearing must issue one of the following decisions:

a) Bring the case to trial;

b) Temporarily suspend the resolution of the case;

c) Suspend the resolution of the case.

For complex collective labor disputes, the time limit specified in this clause shall not exceed forty days.

3. Within ten days from the date of issuing the decision to bring the case to trial, the court must convene a hearing; in cases of legitimate reasons, this period shall not exceed fifteen days.

4. Immediately after issuing the decision to bring the case to trial, the court must send the case file to the same-level prosecution agency for review within five days, in cases where the prosecution initiates a prosecution or requests to participate in the hearing.

Article 37. Verification and Collection of Evidence

1. During the preparation stage for trial, if deemed necessary, the court may itself or entrust another court to conduct verification and collection of evidence to clarify the circumstances of the case. The entrusted court has the duty to promptly carry out the entrustment and report the results to the entrusting court.

2. Verification and collection of evidence includes:

a) Requesting the parties to provide, supplement evidence or explain issues that are necessary;

b) Requesting the parties involved in the labor dispute, state agencies, organizations, and relevant individuals to provide evidence significant to the resolution of the case;

c) Requesting witnesses to explain issues that are necessary;

d) Investigating on-site;

đ) Requesting expert appraisal;

e) Establishing an evaluation committee or requesting a specialized agency to evaluate assets when necessary.

Article 38. Mediation

1. Before deciding to convene a court session, the Court shall conduct mediation for the parties to reach an agreement on the resolution of the case.

The plaintiff, defendant, interested party, or their authorized representative must be present during the Court's mediation. If the plaintiff has been legally summoned twice but still fails to appear without a valid reason, the Court shall issue a decision to suspend the proceedings of the case. If the plaintiff submits a written request not to proceed with mediation or if a party other than the plaintiff fails to appear legally summoned twice without a valid reason, the Court shall record the unsuccessful mediation and issue a decision to bring the case to trial.

2. If the parties reach an agreement through mediation regarding the resolution of the case, the Court shall record the successful mediation and issue a decision recognizing the agreement of the parties; this decision shall have legal effect.

In cases where the parties cannot reach an agreement, the Court shall record the unsuccessful mediation and issue a decision to bring the case to trial.

Article 39. Decision to Bring the Case to Trial

The decision to bring the case to trial must include the following contents:

1- Date, month, year, and location of the trial session;

2. The trial will be conducted publicly or in camera;

3. Names of the parties and other persons participating in the litigation;

4. Content of the dispute;

5. Names of the Judge, Associate Judge, and Clerk of the Court; names of the Prosecutor participating in the Court session (if any).

Article 40. Temporary Suspension of the Resolution of the Case

1- The court decides to temporarily suspend the resolution of the case in the following circumstances:

a) The plaintiff or defendant is an individual who has died, or an organization that has been dissolved without a successor to inherit the litigation rights and obligations;

b) The preparation period for the trial has expired, and one of the parties cannot attend due to a valid reason;

c) The address of the defendant has not been found;

d) It is necessary to wait for the outcome of the criminal, civil, economic, administrative, or labor case related to the current case;

đ) There is a Court accepting a petition to declare bankruptcy of the enterprise which is a party to the case;

e) There is a decision on the merger, division of the enterprise, transfer of ownership, management, or use of assets of the enterprise without identifying the successor to inherit the litigation rights and obligations.

2. The Court shall continue to resolve the case when the reason for temporary suspension no longer exists.

3. The decision to temporarily suspend the resolution of the case may be appealed or protested.

Article 41. Suspension of the Resolution of the Case

1. The Court shall decide to suspend the resolution of the case in the following circumstances:

a) The plaintiff or defendant is an individual who has died and whose rights and obligations are not inherited; an organization that has been dissolved without a successor to inherit the litigation rights and obligations;

b) The claimant withdraws the lawsuit, or the Prosecution withdraws the indictment decision;

c) The plaintiff was legally summoned twice but still failed to appear without a valid reason;

d) The statute of limitations for filing a lawsuit has expired before the court accepts the complaint;

đ) The matter has already been resolved by a judgment or decision that has taken legal effect from the Court or another competent authority;

e) There is a Court decision to initiate the procedure for resolving a petition to declare bankruptcy of the enterprise which is a party to the case;

g) The matter does not fall within the jurisdiction of the Court.

2. The decision to suspend the resolution of the case may be appealed or protested,

except in the case provided for in point b clause 1 of this Article.

Article 42. Sending Court Decisions

When there are decisions as prescribed in Articles 39, 40, and 41 of this Ordinance, the Court must immediately send those decisions to the People's Procuracy at the same level, the parties, and the person protecting the legitimate rights and interests of the parties.

Chapter 8:

TEMPORARY URGENT MEASURES

Article 43. Application of Temporary Urgent Measures

1. The party has the right to submit a petition requesting the Court to issue a decision on applying temporary urgent measures to protect their immediate interests and ensure enforcement of the judgment; the party shall be responsible under the law for their request, and if they cause damage due to fault, they must compensate.

2. During the trial process, the Court may issue a decision on applying temporary urgent measures on its own initiative or upon a written request from the People's Procuracy or the trade union as provided by law, and shall bear responsibility for such decision. If damage is caused by applying temporary urgent measures contrary to the law, compensation shall be required.

The application of temporary urgent measures can be carried out at any stage during the trial process; if before the hearing, it shall be decided by the Judge assigned to handle the case, and if during the hearing, it shall be decided by the Bench.

3. A request for the application of temporary urgent measures must be considered by the Court within three days from the date of receipt of the request; if accepted, the Court must immediately issue a decision. If the Court itself deems it necessary to apply temporary urgent measures, it has the authority to issue a decision immediately.

4. In the decision on applying temporary urgent measures, the effective period of the decision must be clearly stated but shall not exceed the time limit for resolving the case as prescribed by law.

Article 44. Temporary Urgent Measures

Provisional emergency measures include:

1. Temporarily suspending the execution of the decision to dismiss employees;

2. Compelling the employer to temporarily pay wages, compensation, and allowances due to workplace accidents or occupational diseases to employees;

3. Prohibiting or compelling the parties, organizations, or individuals related to the case to refrain from certain actions if deemed necessary for resolving the labor dispute or ensuring enforcement of the judgment.

Article 45. Modification or Revocation of Temporary Urgent Measures

1- Provisional emergency measures may be changed or revoked.

2. The modification or revocation of temporary urgent measures, if before the hearing, shall be decided by the Judge assigned to handle the case, and if during the hearing, it shall be decided by the Bench.

Article 46. Enforcement, Complaints, and Petitions Regarding the Decision on Applying Temporary Urgent Measures

1. The decision on applying temporary urgent measures shall be enforced immediately despite any complaints or petitions.

2. The parties have the right to complain to the People's Procuracy or the trade union according to the law, which has the right to petition the President of the Court handling the case regarding the decision on applying temporary urgent measures.

Within three days from the date of receiving the complaint or petition, the President of the Court handling the case must consider and respond.

Chapter 9:

PRIMARY TRIAL SESSION

Article 47. Participants in the Hearing

The hearing shall proceed with the presence of the parties or their representatives. In cases where the Trade Union Committee initiates litigation, a representative of that trade union must be present at the hearing. If the Trade Union Committee does not initiate litigation, the trade union representative may participate in the hearing as a person protecting the rights and interests of the employee party. If the higher-level trade union initiates litigation, representatives of both the higher-level trade union and the grassroots trade union representing the group of employees whose interests need protection must be present at the hearing as stipulated in Clause 5 of Article 19 of this Ordinance.

If the presence of witnesses, experts, or interpreters is indispensable, the hearing can only proceed when they are present.

If the People's Procuracy initiates prosecution or requests participation in the hearing, the hearing shall proceed with the presence of a Prosecutor or must have a written opinion from the People's Procuracy at the same level.

Article 48. Procedure for Commencing a Court Session

1. When commencing a court session, the presiding judge reads out the decision to bring the case to trial, checks the presence and identity of those summoned to attend the court session, and explains their rights and obligations during the court session. If a person summoned is absent, the Bench decides to postpone or continue the court session.

2. The presiding judge introduces the members of the Bench, the Prosecutor, the Court Clerk, the expert witness, the interpreter, and the witness, and explains to the parties involved in the proceedings their right to request changes to the composition of the Bench, the Prosecutor, the Court Clerk, the expert witness, and the interpreter. If there is a request for change, the Bench will consider and decide on it.

3. The presiding judge explains to the expert witness and the interpreter their rights and obligations. These individuals must pledge to fulfill their duties.

4. The presiding judge explains to the witness their rights and obligations. The witness must pledge to give truthful testimony. If the witness may be influenced by another's testimony, the presiding judge will isolate the witness from others before taking their statement.

5. The presiding judge asks the party or their representative, the Monitor, and the person protecting the legitimate rights and interests of the party about providing additional evidence or requesting additional witnesses. If there is such a request, the Bench will consider and decide.

Article 49. Postponement of a Court Session

1. The Bench shall postpone the court session in the following cases:

a) Absence of the representative of the trade union that initiated the lawsuit; absence of the Prosecutor or lack of a written opinion from the same-level Prosecution Office in cases where the Prosecution has indicted or requested participation in the court session;

b) The plaintiff, defendant, or interested party with independent claims being absent for the first time due to valid reasons;

c) Members of the Bench, the Prosecutor, the Court Clerk, the expert witness, or the interpreter being changed without immediate replacement.

2. The trial shall proceed if the party requests the trial in their absence or if a non-plaintiff who was properly summoned twice still remains absent.

Article 50. Mediation at a Court Session

1. Before conducting the examination of the case at the court session, the Bench conducts mediation to enable the parties to reach an agreement on resolving the labor dispute.

2. If the parties reach an agreement through mediation, the Bench records the successful mediation and issues a decision recognizing the agreement of the parties; this decision has legal effect. If the parties cannot reach an agreement, the Bench proceeds with the trial.

Article 51. Examination at a Court Session

1. The Bench determines all circumstances of the case by hearing statements from the plaintiff, defendant, interested party, or their representatives, the person protecting the legitimate rights and interests of the party, the representative of the trade union, the representative of the employer, the witness, the expert witness, and examining physical evidence.

2. During the examination, the Bench questions first, followed by the Prosecutor, and then the person protecting the rights of the party. Those involved in the proceedings have the right to propose additional questions to the Bench.

Article 52. Debate at the trial session

After the Bench concludes the examination of the parties or their representatives, the person protecting the legitimate rights and interests of the parties, the representative of the trade union that initiated the lawsuit, and the representative of the employer participating in the debate and presenting their opinions on the resolution of the case; the Prosecutor presents their opinion on the resolution of the case.

Article 53. Suspension of the Resolution of the Case at the Trial Session

1- At the trial session, if the plaintiff withdraws the complaint, the Bench shall issue a decision to suspend the resolution of the case. If the parties reach an agreement on the resolution of the case, a decision recognizing the agreement of the parties shall be issued. These decisions have legal effect.

2- At the trial session, if there is one of the cases stipulated in points a, c, d, đ, e, and g Clause 1 Article 41 of this Ordinance, the Bench shall issue a decision to suspend the resolution of the case.

Article 54. Deliberation, Content of the Judgment, Announcement of the Judgment

1- Decisions of the Trial Panel must be discussed and decided by majority vote. During deliberation, a record must be made of the opinions discussed and the decision of the Trial Panel.

2- The judgment must include the following main contents:

a) Date, month, year, and location of the trial session;

b) Names of the members of the Trial Panel, the Prosecutor, and the Clerk of the session;

c) The name and address of the party, their representative;

d) The request of the party;

đ) Proven circumstances, evidence, and legal basis for resolving the case;

e) Decisions of the Court;

g) The amount of litigation fee that the party must bear;

h) Parties' right to appeal.

3- The Presiding Judge of the trial session announces the full text of the judgment and informs the parties of their right to appeal and obligation to enforce the judgment. For decisions regarding wages, compensation, allowances due to workplace accidents or occupational diseases for workers or orders to perform specific actions, the Bench may decide to enforce them immediately.

Article 55. Authority to Issue Decisions, Content, Effectiveness of Court Decisions

1- The Court has the authority to issue decisions to resolve issues arising during the process of resolving labor disputes.

2- Before opening the trial session, the Judge assigned to resolve the case has the authority to issue decisions; During the trial session, issuing decisions is carried out by the Bench.

3- The content of the decision includes:

a) The Court resolves the case;

b) Date, month, year of issuance of the decision;

c) The name, address of the parties and other participants in the proceedings;

d) The claims of the parties or the reasons for the decision;

đ) The legal basis for issuing the decision;

e) Specific decisions;

g) The right of appeal of the parties.

Article 56. Amendment, Supplement to the Judgment, Decision

The Court shall not amend or supplement the decision part of the judgment and decision already announced, except in cases of clear errors in calculation figures or typographical errors, but must immediately notify the parties, the Prosecution Office, individuals, organizations with related rights and obligations.

Article 57. Minutes of the Trial Session

1- In the minutes of the trial session, all procedural developments at the trial session must be fully and clearly recorded. The Presiding Judge checks the minutes of the trial session and signs it together with the Clerk of the trial session.

2- Within three days from the date of announcing the judgment, the parties, their representatives or the person protecting the rights of the parties, the trade union that initiated the lawsuit, and the representative of the employer may view the minutes of the trial session, have the right to request amendments or supplements to the minutes. The Presiding Judge, the Clerk of the trial session, and the person making the request sign to confirm the amendments or supplements. If the request to amend or supplement the minutes of the trial session is not accepted, the requesting party has the right to record their opinion in writing to be included in the case file.

Article 58. Issuance of Abstracts, Copies of Judgments or Decisions

Immediately after the conclusion of the trial session or after issuing the decision without holding a trial session, the parties, the trade union that initiated the lawsuit, and the representative of the employer shall be provided with abstracts of the judgment or decision by the Court. At the latest seven days from the date of issuance of the judgment or decision, the Court must provide the parties with copies of the judgment or decision upon their request, while sending them to the Prosecution Office at the same level. If the party is absent from the trial session, the abstract of the judgment or decision must be sent to them immediately.

Article 59. Handling persons violating court orderliness

Persons violating the order of the trial session may, depending on the circumstances, be warned, fined, ordered to leave the courtroom, or detained by the presiding judge of the trial session.

The People's Police have the duty to protect the trial session and enforce the orders of the presiding judge regarding the removal of persons violating the order of the trial session from the courtroom or the detention of violators.

Chapter 10:

PROCEDURE FOR APPEAL

Article 60. Right to appeal and protest

1- The party or their representative, the trade union that initiated the lawsuit has the right to appeal the judgment, decision suspending temporarily or terminating the case resolution of the first-instance court to request a higher-level court to conduct appellate review, except for cases stipulated in Clause 1, Article 53 of this Ordinance.

2- The same-level or higher-level prosecution agency has the right to protest the judgment, decision of the first-instance court.

3- The appellant must submit an appeal petition; the prosecution agency protests through a written document. In the appeal or protest, it must clearly state:

a) The content of the judgment or decision portion of the first-instance court being appealed or protested;

b) The grounds for appeal or protest;

c) The requests of the appellant or protester.

Article 61. Time limit and procedure for appeal and protest

1- The time limit for appeal is ten days from the date the court pronounces judgment or issues a decision; if the party is absent from the trial session, the time limit starts from the date the copy of the judgment or decision is handed over to the party or is posted at the People's Committee office of the commune, ward, town where the party resides or at the office location if the party is a legal entity.

2- The time limit for protest by the same-level prosecution agency is seven days, and by the higher-level prosecution agency is ten days from the date the court pronounces judgment or issues a decision. If the prosecutor does not participate in the trial session, the protest time limit starts from the date the same-level prosecution agency receives a copy of the judgment or decision from the court.

3- If the appeal or protest exceeds the time limit due to objective obstacles, the appeal time limit is ten days and the protest time limit is seven days from the date such obstacles cease.

4- Appeals and protests shall be sent to the first-instance court that resolved the case. Within seven days from the date of receiving the appeal or protest or from the date the appellant presents the receipt for payment of the advance appellate court fee, if such payment is required, the first-instance court must send the appeal and protest along with the entire case file to the appellate court.

Article 62. Notification of appeal and protest

1- When sending the appeal or protest along with the entire case file to the appellate court, the first-instance court must notify the appeal to the same-level prosecution agency, the parties, and those with related rights and obligations concerning the appeal. The prosecution agency must send a copy of the protest to the parties with related rights and obligations concerning the protest.

2- Those with related rights and obligations concerning the appeal or protest must submit their opinions on the appeal or protest to the appellate court within seven days from the date of receiving the notification.

Article 63. Withdrawal of appeal and protest

1- Before or during the appellate trial session, the appellant or the People's Procuracy lodging a protest may withdraw part or all of the content of the appeal or protest.

2- The court shall issue a decision to suspend the appellate review of the case if the appellant withdraws the entire appeal, and the People's Procuracy withdraws the entire protest.

Article 64. Consequences of appeal and protest

The part of the judgment or decision subject to appeal or protest has not yet taken legal effect. The part of the judgment or decision not subject to appeal or protest has taken legal effect.

Article 65. Supplementing and verifying evidence

1- Before the appellate hearing or during the appellate session, the appellant, the protesting prosecution agency, those with related rights and obligations concerning the appeal or protest, and the person protecting the legitimate rights and interests of the party have the right to supplement new evidence.

2- The appellate court itself or upon the request of the party conducts or entrusts another court to conduct verification of newly supplemented evidence.

Article 66. Scope and Time Limit for Appellate Trial

1- The appellate court reviews the content of the appeal or protest and the relevant portions of the judgment or decision.

2- Within twenty days from the date of receipt of all case files sent by the first-instance court. The appellate court must convene an appellate hearing; in cases with many complex circumstances, this period is thirty days.

Article 67. Cases Where the Appellate Court Renders a Decision Without Convening a Hearing

The appellate panel does not need to convene a trial session or summon the parties in the following cases:

a) Considering late appeals or protests;

b) Considering appeals or protests regarding court fees;

c) Considering appeals or protests against decisions of the first-instance court.

Article 68. Preparation for Appellate Trial

Prior to conducting appellate review, the court has the authority to apply urgent interim measures, suspend, or terminate the resolution of the case according to the provisions of this Ordinance.

Article 69. Participants in the Appellate Hearing

1- The same-level prosecution agency must participate in the appellate hearing if it has protested. In other cases, the prosecution agency participates in the appellate hearing when deemed necessary. If the prosecution agency participates in the hearing, the court transfers the case file to the prosecution agency for study within five days.

2- The parties appealing, the trade union that initiated the lawsuit, representatives of employers, and those with interests or obligations related to the appeal or protest must be summoned to participate in the hearing.

3- The court only summons guardians, interpreters, and witnesses upon request of the parties and when necessary for resolving the appeal or protest.

4- If a Monitor must participate or requests participation in the hearing but is absent, the bench will adjourn the hearing. If the persons mentioned in paragraphs 2 and 3 of this Article are absent without a valid reason, the court will still proceed with the trial.

Article 70. Appellate Hearing, Powers of the Appellate Court

1- The appellate hearing is conducted according to procedures similar to the first-instance hearing. Before considering the appeal or protest, a member of the bench presents the case content, the decision of the first-instance judgment, and the content of the appeal or protest.

2- The cassation court has the right to:

a) Reject the appeal or protest and maintain the decisions of the first-instance judgment or decision;

b) Amend part or all of the portion of the decision of the first-instance judgment or decision;

c) Reversing the first-instance judgment or decision and transferring the case file back to the first-instance court for retrial in cases where there are serious violations of procedural rules or insufficient evidence collection that the appellate court cannot supplement;

d) Temporarily suspending the resolution of the case when one of the situations specified in Clause 1 of Article 40 of this Ordinance occurs;

đ) Terminating the resolution of the case when one of the situations specified in Clause 1 of Article 41 of this Ordinance occurs.

3- The first-instance judgment or decision shall be amended partially or entirely when:

a) The content contravenes the law or is inconsistent with the case file;

b) New evidence shows that the first-instance judgment or decision contravenes the law or does not correspond to the objective facts of the case.

Article 71. Appellate Judgment and Decision

1- In addition to the contents stipulated in Articles 54 and 55 of this Ordinance, the appellate judgment and decision must clearly state the part of the judgment or decision being appealed or protested, the content of the appeal or protest, and the decision of the appellate court.

2- The appellate judgment and decision become legally binding and are sent to the parties, the trade union that initiated the lawsuit, representatives of employers, those with interests or obligations related to the appeal or protest, and the prosecution agency within five days from the date of issuance.

Article 72. Appellate Review of First-Instance Court Decisions

1- When reviewing a first-instance court decision that has been appealed or protested, the court does not need to convene a hearing or summon the parties, except when it needs to hear their opinions before making a decision.

2- The appellate court must issue a decision on the appeal or protest within ten days from the date of receiving the appeal or protest.

3- When reviewing a first-instance court decision that has been appealed or protested, the appellate court has the powers stipulated in Article 70 of this Ordinance.

Chapter 11:

PROCEDURE FOR SUPERIOR REVIEW AND REHEARING

Article 73. Grounds for lodging an appeal under cassation or reconsideration procedure

1- A judgment or decision of the Court that has taken legal effect is subject to superior review protest when one of the following grounds exists:

a) There is a serious violation of the procedural rules;

b) The part of the judgment or decision does not align with the objective facts of the case;

c) There is a serious mistake in applying the law.

2- A judgment or decision of the Court that has taken legal effect is subject to rehearing protest when one of the following grounds exists:

a) A significant fact of the case has newly been discovered which the parties could not have known during the resolution of the case;

b) There is evidence proving that the testimony of witnesses, conclusions of experts, or translations by interpreters are not verbatim or there is fabrication of evidence;

c) Judges, Associate Judges, Prosecutors, or Court Secretaries intentionally distort the case file;

d) The judgment or decision of the Court or the decision of a state agency on which the Court relied to resolve the case has been annulled.

Article 74. Persons entitled to lodge an appeal under cassation or reconsideration procedure

1- The President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have the right to appeal judgments under the cassation procedure or the reconsideration procedure for judgments and decisions that have taken legal effect at all levels of courts.

2- Deputy Presidents of the Supreme People's Court and Deputy Procurators General of the Supreme People's Procuracy have the right to appeal under the cassation procedure for judgments and decisions that have taken legal effect issued by local courts.

3- The President of the Provincial People's Court and the Procurator of the Provincial People's Procuracy have the right to appeal under the cassation procedure or the reconsideration procedure for judgments and decisions that have taken legal effect issued by the County People's Court.

Article 75. Time limit for lodging an appeal and notifying the appeal under cassation or reconsideration procedure

1- The time limit for lodging an appeal under the cassation or reconsideration procedure is six months from the date the judgment or decision takes legal effect; if the appeal benefits workers, this period is extended to one year.

2- The appeal must be immediately sent to the court that issued the appealed judgment or decision, the court that will hear the cassation or reconsideration case, the parties involved, and other interested parties related to the content of the appeal.

The court hearing the cassation or reconsideration case must send the appeal along with the case file to the same-level Procuracy for review within ten days from the date of receipt of the appeal.

3- The grounds for the appeal must be clearly stated in the appeal. Before the commencement of the hearing or during the hearing, the appellant may withdraw the appeal.

4- The party lodging the protest has the right to postpone or temporarily suspend the enforcement of the judgment or decision that has taken legal effect and is being protested.

Article 76. Scope, jurisdiction, and time limit for cassation or reconsideration

1- The Cassation or Reconsideration Board can only examine the content of the case related to the part of the judgment or decision being appealed.

2- The Panel of Judges of the Provincial People's Court shall conduct cassation or reconsideration of cases where judgments or decisions that have taken legal effect at the County People's Court are appealed.

3- The Labour Court of the Supreme People's Court shall conduct cassation or reconsideration of cases where judgments or decisions that have taken legal effect at the Labour Court of the Provincial People's Court are appealed.

4- The Panel of Judges of the Supreme People's Court shall conduct cassation or reconsideration of cases where judgments or decisions that have taken legal effect at courts under the Supreme People's Court are appealed.

5- The Council of Judges of the Supreme People's Court shall conduct cassation or reconsideration of cases where decisions of the Panel of Judges of the Supreme People's Court are appealed.

6- Within one month from the date of receiving the case file, the court must convene a hearing for cassation or reconsideration.

Article 77. Plenary Sessions for Supervisory Review and Reconsideration

1\. At plenary sessions for supervisory review and reconsideration, there is no need to summon parties, those with rights and obligations related to the protest, except when the Court deems it necessary to hear their opinions before making a decision.

2\. At the session, a member of the Bench presents the case details and the content of the protest. If the Court summons participants in the proceedings, they present their opinions before the Prosecutor presents their opinion on resolving the case; the Bench discusses and issues a judgment or decision.

Article 78. Powers of the Supervisory Review and Reconsideration Bench

The Supervisory Review and Reconsideration Bench has the power to:

1- Reject the protest and maintain the judgment or decision that has become legally binding;

2- Amend part or all of the judgment or decision that has become legally binding and has been protested;

3\. Revoke judgments and decisions that have become legally binding to retry at first instance or appeal;

4\. Revoke judgments and decisions that have become legally binding and terminate the resolution of the case according to the provisions of Clause 1, Article 41 of this Ordinance.

Part Two:

Settlement of Strikes

Chapter 12:

PROVISIONS ON STRIKES

Article 79. Time for the Right to Strike

After receiving the decision of the provincial labor arbitration council on resolving collective labor disputes, if the collective labor does not agree and also does not request the People's Court to resolve, then it has the right to strike.

For collectives of workers in enterprises listed in the prohibited strike list by the Government and disagreeing with the decision of the provincial labor arbitration council, they have the right to request the People's Court to resolve according to the procedures stipulated in Part One of this Ordinance.

Article 80. Grounds for Recognizing a Legal Strike or Declaring an Illegal Strike

1\. A legal strike must meet all of the following conditions:

a\. It must arise from a collective labor dispute within the scope of labor relations;

b\. It must be conducted by workers working in one enterprise within that enterprise;

c\. The collective labor disagrees with the decision of the provincial labor arbitration council and does not initiate a lawsuit requesting the Court to resolve;

d\. It complies with the provisions of Clauses 1 and 2, Article 173 of the Labor Code;

đ\. The enterprise where the collective labor conducts the strike does not belong to the list of enterprises serving public services and essential economic sectors or national security and defense as prescribed by the Government;

e\. It does not violate the Prime Minister's decision regarding the resumption or cessation of the strike.

2\. A strike lacking any one of the conditions stipulated in Clause 1 of this Article is illegal.

Article 81. Procedures for Preparing a Strike

1\. When one-third (one-third) of the workers in the collective labor of the enterprise propose a strike to be conducted within the enterprise or more than half of the workers in a part of the enterprise's structure propose a strike to be conducted within that part, the grassroots trade union committee shall conduct a secret ballot or obtain signatures to determine the number of people agreeing to the strike. If the grassroots trade union committee initiates the strike, it must also organize a secret ballot or obtain signatures to gather the opinions of the collective labor.

2\. The strike is decided by the grassroots trade union committee after obtaining the agreement of more than half of the collective labor. In cases where more than half of the collective labor agrees to the strike but the grassroots trade union committee deems it necessary to reorganize the collection of opinions of the collective labor, it must organize a re-collection of opinions within three days from the date of the previous opinion collection. If more than half of the collective labor still agrees to the strike, the grassroots trade union committee must decide to conduct the strike and lead the strike.

Article 82. Delivery of Demand Notice and Sending of Notification

1\. After deciding on a strike, the Trade Union Committee at the workplace shall appoint representatives, not exceeding three persons, to deliver the demand notice to the employer, while simultaneously sending a notification to the provincial labor authority and another notification to the provincial Federation of Labor Unions. The delivery of the demand notice and the sending of the notification must be completed at least three days before the start date specified in the demand notice and the notification.

2\. The demand notice and the notification must clearly state the issues of disagreement between the workforce collective and the employer, the content of the demands for resolution, the results of voting or obtaining signatures in favor of the strike, and the starting date of the strike.

Article 83. Self-Determination Rights of the Parties

Voluntary mediation between the workforce collective and the employer shall be prioritized for resolution before the court makes a decision on resolving the strike.

Article 84. Prohibited Actions Before, During, and After the Strike after the strike

1\. Before the strike, during the strike, and after its conclusion, the following actions are strictly prohibited:

a\. Obstructing the exercise of the right to strike or compelling others to participate in the strike;

b\. Using violence, damaging machinery, equipment, or property of the enterprise, and infringing upon public order and safety;

c\. Dismissing or transferring workers to other locations due to their participation in the strike;

d\. Retaliating against participants in the strike or leaders of the strike.

2\. Persons who commit the acts mentioned in Clause 1 of this Article or fail to comply with decisions of the Prime Minister, or decisions of the People's Court shall, depending on the severity of the violation, be required to compensate for damages, be subject to administrative penalties, or be held criminally responsible.

The Government shall stipulate the administrative penalties for violations committed before, during, and after the strike.

Article 85. Supervision of Compliance with Law During the Strike

The People's Public Prosecutor's Office shall supervise compliance with the law during the strike according to the provisions of the Law on Organization of the People's Public Prosecutor's Office, the Labor Code, and this Ordinance.

Article 86. Suspension or Termination of the Strike

In cases where the strike poses a serious threat to the national economy, national security, or public safety, the Prime Minister may decide to suspend or terminate the strike and assign competent state agencies to cooperate with the trade union at the same level to resolve the dispute. If the workforce collective disagrees with the resolution of the dispute by the competent state agency, it has the right to request the court to resolve the matter.

Procedures for suspending or terminating strikes shall be prescribed by the Government.

Chapter 13:

PROCEDURES FOR RESOLVING STRIKES

Section 1: PROCEDURES FOR SUBMITTING PETITION AND HANDLING PETITION FOR RESOLUTION OF STRIKES

Article 87. Right to Request the Court to Resolve the Strike

1\. Prior to the commencement of the strike, during the strike, or after the termination of the strike, the Trade Union Committee at the workplace has the right to submit a petition to the court requesting a determination of the legality of the strike, and the employer has the right to submit a petition to the court requesting a determination of the illegality of the strike.

2\. Before the commencement of the strike or during the strike, the provincial labor authority and the provincial Federation of Labor Unions have the right to send a document to the court requesting a determination of the legality or illegality of the strike. The People's Public Prosecutor's Office has the right to initiate proceedings to request the court to determine the illegality of the strike.

Article 88. Petition and accompanying documents

1- The petition requesting the Court to resolve the strike of the labor collective or the employer must clearly state:

a) The name and address of the Trade Union Committee deciding on the strike; the names and addresses of those leading the strike;

b) The name and address of the employer;

c) The name and address of the enterprise where the labor collective is striking;

d) The reasons;

đ) The demands of the petitioner.

Accompanying the petition must be copies of the petition, notice of the strike, decision of the provincial Labor Arbitration Council regarding the resolution of the collective labor dispute, and other relevant documents related to resolving the strike.

If the petitioner is the employer, they must pay the prescribed fee as stipulated by the Government.

2- The document requesting the Court to conclude whether the strike is lawful or unlawful by the provincial labor authority, provincial Federation of Labor Unions, or the prosecution's indictment must clearly state:

a) The name and address of the requesting agency; the name, position, and signature of the person signing the request;

b) The name and address of the enterprise where the labor collective is striking;

c) The reasons for requesting a conclusion on the legality or unlawfulness of the strike;

d) Specific requests.

Accompanying the request document must be relevant evidence and materials concerning the request for a conclusion on the legality or unlawfulness of the strike.

Article 89. Jurisdiction of the Court

The court with jurisdiction to resolve the strike is the Labor Court of the People's Court at the provincial level where the main office of the enterprise involved in the strike is located.

Article 90. Obligation to provide evidence and documents

The Trade Union Committee and the employer have the obligation to provide all necessary evidence and documents according to the Court's requirements during the process of resolving the strike and must bear responsibility for the accuracy of these documents and evidence. If the provincial labor authority, provincial Federation of Labor Unions, or the prosecution initiates a request for the Court to resolve the strike, such agencies must provide evidence and documents.

Article 91. Acceptance of the petition

Within three days from the date of receiving the petition, the Court must examine the petition along with the attached documents. If it determines that resolving the strike falls within its jurisdiction, the Court shall record the acceptance of the petition and notify the Trade Union Committee, the employer, the provincial labor authority, the provincial Federation of Labor Unions, and the provincial People's Procuracy.

Section 2: PREPARATION FOR RESOLVING THE STRIKE

Article 92. Time limit for preparing to resolve the strike.

1- Immediately upon accepting the petition to resolve the strike, the Chief Judge of the Labor Court of the Provincial People's Court assigns a Judge to resolve the strike.

2- Within three days from the date of accepting the petition, the assigned Judge must issue one of the following decisions:

a) Proceed to resolve the strike;

b) Suspend the resolution of the strike.

Article 93. Duties and powers of the Judge

1- The Judge assigned to resolve the strike has the following duties and powers:

a) Collect evidence and documents to establish the file for resolving the strike;

b) Verify on-site;

c) Issue a decision to apply interim emergency measures;

d) Facilitate mediation between the Trade Union Committee and the employer regarding the resolution of the strike.

2- During the process of resolving the strike, if criminal indications are discovered, the Judge shall provide evidence to the People's Procuracy for consideration of initiating criminal proceedings.

Article 94. The Mediation Responsibility of the Court

During the process of resolving a strike, the court has the responsibility to conduct mediation for the Trade Union Committee at the grassroots level and the employer to reach an agreement on resolving the strike.

Article 95. Suspension of the Resolution of a Strike

The court suspends the resolution of a strike in the following cases:

1\. The person making the request withdraws the request, or the Prosecutor withdraws the indictment decision.

2\. The Trade Union Committee at the grassroots level and the employer reach an agreement on resolving the strike before the court issues a decision to resolve the strike.

Article 96. Provisional Emergency Measures

1\. During the process of resolving a strike, if deemed necessary, the court may issue a decision to apply provisional emergency measures prohibiting or compelling the labor collective or the employer to perform certain actions.

2\. The application of provisional emergency measures shall be decided by the Judge assigned to resolve the strike or by the Strike Resolution Panel. In the decision applying provisional emergency measures, the effective period of the decision must be clearly stated.

3\. The decision applying provisional emergency measures takes immediate effect and can be changed or revoked according to the provisions of Article 45 of this Ordinance.

4\. The Trade Union Committee at the grassroots level and the employer have the right to appeal, and the People's Prosecutor has the right to make recommendations to the Chief Judge of the court resolving the strike regarding the decision applying provisional emergency measures.

Within three days from the date of receiving the appeal or recommendation, the Chief Judge of the court must review and respond.

Section 2: MEDIATION MEETING

Article 97. Purpose of the Mediation Meeting

The mediation meeting is organized under the chairmanship of the Judge assigned to resolve the strike for the Trade Union Committee at the grassroots level and the employer to reach an agreement on resolving the strike.

Article 98. Participants in the Mediation Meeting

1\. Representatives of the Trade Union Committee at the grassroots level and the employer must attend the mediation meeting.

2\. Representatives of the People's Prosecutor, provincial labor authority, and provincial trade union federation have the duty to participate in the mediation meeting.

If necessary, the court may invite experts in relevant fields to provide consultation at the mediation meeting.

3\. The mediation meeting must be postponed in the absence of representatives of the Trade Union Committee at the grassroots level or the employer.

Within three days from the date of postponing the mediation, the Judge must organize another mediation meeting.

Article 99. Conducting the Mediation Meeting

1\. The Judge assigned to resolve the strike organizes and chairs the mediation meeting.

2\. After the Judge introduces the participants in the mediation meeting, the representative of the Trade Union Committee at the grassroots level presents the content of the collective labor dispute, the decision of the provincial labor arbitration council, reasons for disagreeing with that decision, the content of the demands made to the employer, and the proposals of the labor collective.

3\. The employer presents their views on the demands and proposals of the labor collective, the plan to resolve the collective labor dispute, and the plan to address the consequences of the strike.

4\. Representatives of the provincial labor authority and the provincial trade union federation express their opinions on the demands and proposals of the labor collective and the employer; the representative of the Prosecutor presents their views on resolving the strike.

5\. The Judge assigned to resolve the strike cites legal grounds, explains to the parties, conducts mediation to facilitate negotiations and agreements among the parties on resolving the strike.

If the parties reach an agreement on resolving the strike, the Judge records the successful mediation minutes and issues a decision recognizing the agreement of the parties; this decision has legal force and is sent to the parties, the provincial labor arbitration council, and the People's Prosecutor. If the parties fail to negotiate and reach an agreement, the Judge records the unsuccessful mediation minutes and orders the employer to propose a new plan to resolve the strike within three days from the date of recording the unsuccessful mediation minutes. The parties must negotiate on this plan. If they cannot agree, the Judge assigns the Trade Union Committee at the grassroots level to collect the opinions of the labor collective on the plan proposed by the employer within three days from the date of issuing the decision. If more than half of the labor collective agrees with the plan, the Judge decides to recognize the agreement of the parties; if more than half of the labor collective disagrees, the Judge issues a decision to convene a hearing to examine the legality of the strike. Within three days from the date of issuing the decision, the court must convene the hearing.

The successful or unsuccessful mediation minutes must bear the signatures of the Judge, the Secretary of the mediation meeting, and the parties involved.

Mục 4: EXAMINATION OF THE LEGALITY OF A STRIKE

Article 100. Persons participating in the hearing to examine the legality of a strike

1- The strike resolution council shall consist of three Labour Court judges of the People's Court at provincial level, with one judge assigned to resolve the strike serving as Chairperson.

2- The People's Procuracy shall have the duty to participate in the hearing of the strike resolution council.

3- The trade union branch committee, the employer, or their representative must attend the hearing of the strike resolution council.

Article 101. Procedure for examining the legality of a strike

1- Before concluding on the legality of the strike, the Chairperson of the Council shall present the process of resolving the strike, its development, and the results of the conciliation meeting.

The trade union branch committee, the employer, or their representative may present additional opinions.

2- The representative of the People's Procuracy shall present their opinion on the legality of the strike.

3- The strike resolution council shall discuss and decide by majority vote.

Article 102. Decision of the Court

1- When examining and concluding on the legality of the strike, the Court has the authority to issue decisions:

a) The strike is lawful. In this case, if the employer is at fault, the employee shall be paid full wages for the days of the strike; the employer must fulfill legitimate demands and address other benefits for the employee according to the law;

b) The strike is unlawful and the labour collective must cease the strike. In this case, the Court shall base its decision on the fault of each party to determine wage payment and address other benefits for the employee according to the regulations of the Government.

2- Employees who did not participate in the strike but were required to take leave shall still be paid wages at the agreed rate, but not less than the minimum wage set by the Government.

3- The decision of the Labour Court of the People's Court at provincial level regarding the strike shall take effect immediately. Within three days from the date of issuance, the trade union branch committee and the employer have the right to file a complaint against this decision with the Supreme People's Court Appeal Chamber.

Within five days from the date of receipt of the dossier on resolving the strike, a panel consisting of three judges designated by the Chief Judge of the Supreme People's Court Appeal Chamber must resolve the complaint. The decision of the Supreme People's Court Appeal Chamber is the final decision on the strike.

Part III:

IMPLEMENTING PROVISIONS

Article 103. Resolution of labour disputes and strikes involving foreign elements.

1- The provisions of this Ordinance also apply to the resolution of labour disputes and strikes occurring in Vietnam with foreign elements, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2- The provisions in Part One of this Ordinance also apply to the resolution of labour disputes outside the territory of the Socialist Republic of Vietnam between employees and employers who are both Vietnamese citizens.

Article 104. Enforcement of Court Judgments and Decisions.

Court judgments and decisions on labor cases and the resolution of strikes shall be enforced in accordance with the provisions of the Civil Execution Ordinance.

Article 105. Effectiveness of the Ordinance

This Ordinance takes effect from July 1, 1996.

Previous regulations contrary to this Ordinance are abolished.

Article 106. Guidance for Implementation of the Ordinance.

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall provide guidance for the implementation of this Ordinance within their respective duties and powers.

Hanoi, April 11, 1996