Chương 1: Nghị định 12/2008/NĐ-CP Quy định chung

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and subjects of application

This Decree details and guides the implementation of Article 176 of LaborCode, which was amended and supplemented in 2006, on postponement or suspension of strikes and settlement of labor collective interests.

This Decree applies to all laborers working under labor contracts; enterprises, organizations and individuals employing laborers under labor contracts in the territory of the Socialist Republic of Vietnam.

Enterprises which are not allowed to go on strike under government regulations are not governed by this Decree.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Postponement of a strike means delaying the time to start a strike set by trade union executive committees or labor collective representatives in their written request to employers and provincial-level labor agencies and Labor Federations under Article 174b of the Labor Code, which was amended and supplemented in 2006, to another later time under the Prime Ministers decision.

2. Suspension of a strike means temporary stoppage of an ongoing strike for a certain time until this strike no longer poses risks of causing serious damage to the national economy and/or public interests under the Prime Ministers decision.

Article 3. A strike shall be postponed or suspended when it poses risks of causing serious damage to the national economy and/or public interests in the following cases:

1. A strike which is scheduled to be held on national holidays prescribed by the Labor Code or in urban and rural districts, towns or provincial cities where an international conference hosted by the Vietnamese Suite is taking piace

2. A strike at an enterprise supplying public service products for 3 days or more which threatens to cause unsafely to the health and life of inhabitants in urban and rural districts, towns or provincial cities.

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

4. A strike at a time a state of emersencv is imposed due to natural disaster or epidemic on the locality where it takes place.

5. A strike not for the purpose of labor dispute as stated in the written request by a labor collective which is sent by a grassroots trade union executive committee or labor collective representatives (where exists no trade union organization) to employers, and provincial-level labor agencies and Labor Federations.