DECREE

ON SETTLING DEMANDS BY THE LABOR COLLECTIVE AT THE ENTERPRISES THAT ARE NOT ALLOWED TO GO ON STRIKE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Article 1.- Those enterprises that are not allowed to go on strike as stipulated in Article 174 of the Labor Code are:

1. The public utility enterprises which have great bearing on the daily life of the major cities and industrial zones;

2. The enterprises which produce or supply a number of essential products to the economy and the people�s life as assigned by the State, and which will get assistance from the State when necessary;

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Article 2.- To issue together with this Decree a list of those enterprises that are not allowed to go on strike.

Article 3.- In early January every year, the Ministers, the Heads of the State agencies in charge of the branches, and the Presidents of the People’s Committees of the provinces and cities directly under the Central Government shall send a proposal (if any) to the Ministry of Labor, War Invalids and Social Affairs adjusting the list of those enterprises that are not allowed to go on strike, so that this Ministry may synthesize and submit the list to the Government for consideration and decision.

Article 4.- The Labor, War Invalids and Social Affairs Service must regularly check and inspect the implementation of labor legislation at the enterprises that are not allowed to go on strike; cooperate with the State managing agencies concerned, the superior managing agencies (if any) of these enterprises, the Trade Union organization of the branch, and the local Confederation of Labor to hold once in every 6 months a hearing of opinions of the representatives of labor and employers at these enterprises in order to promptly settle the legitimate demands of the labor collective.

In case the Labor, War Invalids and Social Affairs Service receives a demand which is outside its jurisdiction or which it cannot settle, then within three days the Service must report it to the provincial or municipal People’s Committee under the Central Government, the Ministry of Labor, War Invalids and Social Affairs, the State managing agency concerned and the superior managing agency (if any) for joint settlement.

Article 5.- At the enterprises that are not allowed to go on strike, if the labor collective raises any demand for settlement, the Executive Committee of the Trade Union organization must listen to the opinions and aspiration of the labor collective and discuss it with the employer to find a solution; if they cannot settle it, then within three days the Executive Committee of the Trade Union organization must promptly report it to the provincial Confederation of Labor, and the employer must report it to the Labor, War Invalids and Social Affairs Service and the superior managing agency (if any) for joint settlement.

Article 6.- When a labor dispute takes place at an enterprise that is not allowed to go on strike, the Labor Reconciliation Council at that enterprise must start its reconciliation attempt right after receiving an application requesting reconciliation. If the Labor Reconciliation Council at that enterprise fails, then each side or both sides in the dispute are entitled to request the provincial Labor Arbitration Council to settle it.

Within seven days after receiving the request, the provincial Labor Arbitration Council must start reconciliating and settling the dispute.

In case one side or both sides do not agree with the decision of the provincial Labor Arbitration Council, they can request the provincial People’s Court to settle it.

Article 7.- This Decree takes effect on the date of its signing.

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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER




Phan Van Khai