Latest cases in which strikes are delayed or suspended in Vietnam

The latest cases in which strikes are delayed or suspended in Vietnam (Image from the Internet)

1. Latest cases in which strikes are delayed or suspended in Vietnam

Article 109 of Decree 145/2020/ND-CP stipulates the latest cases in which strikes are delayed or suspended as follows:

• Postponing a strike means the President of the Provincial People's Committee issues a decision to delay the start time of a strike that has been set in the decision of the labor representative organization at the workplace that has the authority to organize and lead the strike.

• Suspending a strike means the President of the Provincial People's Committee issues a decision to temporarily halt an ongoing strike until there is no more threat of significant damage to the national economy, public interests, or threat to national defense, security, public order, or public health.

• Cases where strikes can be postponed:

  • Strikes planned in units providing electricity, water, public transportation, and other services directly serving festivities for holidays and festivals specified in Clause 1, Article 112 of the Labor Code 2019;

  • Strikes planned in areas where activities are being carried out to prevent and mitigate the consequences of natural disasters, fires, dangerous epidemics, or emergency situations as prescribed by law.

• Cases where strikes can be suspended:

  • Strikes that occur in areas affected by natural disasters, fires, dangerous epidemics, or emergency situations as prescribed by law;

  • Strikes that continue into the third day in units providing electricity, water, and public sanitation affecting the environment, living conditions, and health of people in cities under provincial jurisdiction;

  • Strikes involving acts of violence and disorder affecting assets, lives of investors, causing significant damage to the national economy, public interests, or threaten national defense, security, public order, or public health.

2. Procedures for postponing strikes in Vietnam

Article 110 of Decree 145/2020/ND-CP stipulates the procedure for postponing strikes as follows:

• Within 24 hours from receiving the strike decision from the representative labor organization at the workplace that has the authority to organize and lead the strike, the Director of the Department of Labor, Invalids and Social Affairs must review, if the strike falls under the cases specified in Clause 3 of Article 109 of Decree 145/2020/ND-CP, must report in writing to the President of the Provincial People's Committee to decide on postponing the strike.

The written proposal for postponing the strike sent to the President of the Provincial People's Committee must include the following basic contents: name of the employer where the strike is planned, name of the labor representative organization organizing and leading the strike; planned location for the strike; proposed start time of the strike; demands of the labor representative organization; reasons necessitating the postponement of the strike; proposal to postpone the strike, postponement duration, and measures to implement the postponement decision of the President of the Provincial People's Committee.

• Within 24 hours from receiving the report from the Director of the Department of Labor, Invalids and Social Affairs, the President of the Provincial People's Committee reviews and issues a decision to postpone the strike. Within 12 hours from issuing the decision, the President of the Provincial People's Committee must notify the President of the District People's Committee, the President of the Provincial Labor Federation, the Labor Arbitration Council, the labor representative organization at the workplace that has the authority to organize and lead the strike, and the employer where the strike is planned. The postponement decision of the President of the Provincial People's Committee takes effect from the date of signing.

• Based on the decision of the President of the Provincial People's Committee, the labor representative organization at the workplace that has the authority to organize and lead the strike, employees, employers, and related individuals and organizations must immediately implement the strike postponement as prescribed.

3. Procedures for suspending strikes

According to Article 11 of Decree 145/2020/ND-CP, the procedure for suspending strikes is as follows:

• When it is found that the strike falls under the cases specified in Clause 4 of Article 109 of Decree 145/2020/ND-CP, the District Department of Labor, Invalids and Social Affairs must immediately report to the President of the District People's Committee about the suspension of the strike.

Within 12 hours from receiving the report from the District Department of Labor, Invalids and Social Affairs, the President of the District People's Committee reviews and proposes to the President of the Provincial People's Committee to decide on suspending the strike, while sending it to the Director of the Department of Labor, Invalids and Social Affairs. The proposal to suspend the strike sent to the President of the Provincial People's Committee must include the following basic contents: name of the employer where the strike is ongoing; name of the labor representative organization organizing and leading the strike; strike location; strike start time; scope of the strike; number of employees participating in the strike; demands of the labor representative organization; reasons for suspending the strike; proposal to suspend the strike and measures to implement the suspension decision by the President of the Provincial People's Committee.

• Within 12 hours from receiving the report from the President of the District People's Committee, the Director of the Department of Labor, Invalids and Social Affairs must provide opinions for the President of the Provincial People's Committee to consider and decide on suspending the strike.

• Within 12 hours from receiving the opinions from the Director of the Department of Labor, Invalids and Social Affairs, the President of the Provincial People's Committee reviews and issues a decision to suspend the strike. Within 12 hours from issuing the decision, the President of the Provincial People's Committee must notify the President of the District People's Committee, the President of the Provincial Labor Federation, the Labor Arbitration Council, the labor representative organization at the workplace that has the authority to organize and lead the strike, and the employer where the strike is ongoing. The suspension decision of the President of the Provincial People's Committee takes effect from the date of signing.

• Within 12 hours from the decision by the President of the Provincial People's Committee to suspend the strike, the labor representative organization at the workplace that has the authority to organize and lead the strike, employees, employers, and related individuals and organizations must immediately implement the strike suspension as prescribed.

• Within 24 hours from receiving the suspension decision of the President of the Provincial People's Committee, the President of the District People's Committee must report to the President of the Provincial People's Committee on the results of the strike suspension implementation.

To Quoc Trinh

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