What are workplaces where strikes are prohibited in Vietnam?

What are cases of illegal strikes in Vietnam?

Pursuant to Article 204 of the Labor Code in 2019 stipulating cases of illegal strike as follows:

Cases of illegal strike

A strike shall be considered illegal if:

1. It is not the case specified in Article 199 of this Labor Code.

2. The strike is not organized by a representative organization of employees that is entitled to organize a strike.

3. The strike is organized against the procedures in this Labor Code.

4. The collective labor dispute is being settled by a competent authority or person in accordance with this Labor Code.

5. The strike takes places in the cases in which it is not permitted according to Article 209 of this Labor Code.

6. The strike takes place after a competent authority issues a decision to postpone or cancel the strike according to Article 210 of this Labor Code.

As regulations above, a strike shall be considered illegal if:

- It is not one of the following cases:

+ The mediation is unsuccessful or the labor mediator fails to initiate the mediation;

+ An arbitral tribunal is not established or fails to issue a decision on the settlement of the labor dispute; the employer that is a disputing party fails to implement the settlement decision issued by the arbitral tribunal.

- The strike is not organized by a representative organization of employees that is entitled to organize a strike.

- The strike is organized against the procedures in this Labor Code.

- The collective labor dispute is being settled by a competent authority or person.

- The strike takes places in the cases where the strike may threaten national security, national defense, public health or public order.

- The strike takes place after a competent authority issues a decision to postpone or cancel the strike.

What are workplaces where strikes are prohibited in Vietnam? - Source: Internet

What are workplaces where strikes are prohibited in Vietnam?

Pursuant to Article 105 of the Decree 145/2020/NĐ-CP stipulating list of workplaces where strikes are prohibited as follows:

List of workplaces where strikes are prohibited

The list of workplaces where strikes are prohibited, including enterprises and enterprise departments where strikes may threaten defense and security, public order, human health, is provided in Appendix VI hereof.

As regulations above, workplaces where strikes are prohibited in Vietnam are:

- Three units under the parent company - Vietnam Electricity Corporation, including: Hoa Binh Hydropower Company; Son La Hydropower Company; National Power System Control Center.

- Duyen Hai Thermal Power Company under Electricity Generating Corporation 1.

- Phu My Thermal Power Company under Electricity Generating Corporation 3.

- Transmission companies under the National Power Transmission Corporation.

- Southwest Pipeline Operating Company under the parent company - Vietnam Oil and Gas Group.

- Two units under the Vietnam Petroleum Exploration and Production Corporation, including: Domestic Oil and Gas Exploration and Production Operating Company; Vietgazprom Joint Operating Company.

- Eight units under the Vietnam Gas Corporation, including: Vung Tau Gas Processing Company; Southeast Gas Transportation Company; Gas Products Trading Company; Ca Mau Gas Company; Nam Con Son Gas Pipeline Company; Vietnam LPG Joint Stock Company; South Gas Trading Joint Stock Company; Vietnam Petroleum Low-Pressure Gas Distribution Joint Stock Company.

- Vietsovpetro Vietnam - Russia Joint Venture.

- Air traffic services providers under the Vietnam Air Traffic Management Corporation.

- Airports under the Vietnam Airports Corporation, including: Noi Bai, Tan Son Nhat, Da Nang, Cam Ranh, Can Tho.

- Northern Sea Safety Assurance Corporation.

- Southern Sea Safety Assurance Corporation.

- TKV One Member Limited Company Marine Pilot.

- Vietnam Marine Electronic Information One Member Limited Company.

- VNPT Infrastructure Corporation under the Vietnam Posts and Telecommunications Group.

- Viettel Network Corporation under the Military Industry - Telecommunications Group.

- Water supply, drainage, and environmental sanitation enterprises that directly serve the central cities;

- Defense and security enterprises under the Government's regulations on the organization, management, and operation of defense and security enterprises.

What are cases in which strikes are suspended in Vietnam?

Pursuant to Clause 4 Article 109 of the Decree 145/2020/NĐ-CP stipulating cases in which strikes are delayed or suspended as follows:

Cases in which strikes are delayed or suspended

...

4. Cases in which a strike is suspended:

a) The strike occurs in areas with an ongoing natural disaster, epidemic or state of emergency as prescribed by law;

b) The strike continues for the third day at a provider of electricity supply, water supply or public hygiene thus affects the environment, public health and life in the province;

c) The strike involves riots or disruption that threaten life, health, property of investors, cause serious damage to the economy, public interest, defense and security, public order and human health.

As regulations above, cases in which a strike is suspended:

- The strike occurs in areas with an ongoing natural disaster, epidemic or state of emergency as prescribed by law;

- The strike continues for the third day at a provider of electricity supply, water supply or public hygiene thus affects the environment, public health and life in the province;

- The strike involves riots or disruption that threaten life, health, property of investors, cause serious damage to the economy, public interest, defense and security, public order and human health.

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