Procedures for processing a written request for consideration of the legitimacy of a strike in Vietnam

Procedures for processing a written request for consideration of the legitimacy of a strike in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for processing a written request for consideration of the legitimacy of a strike in Vietnam

Procedures for processing a written request for consideration of the legitimacy of a strike in Vietnam according to Article 410 of the Civil Procedure Code 2015 are as follows:

- Upon the receipt of a petition, the Chief Justice of People’s Court of province shall decide to establish a Panel to consider the legitimacy of the strike and assign one Judge to take main charge of settling such petition.

- Within 05 working days from the day on which the petition is received, the Judge assigned to presider over the settlement of the petition must make a decision to hold a meeting for considering the legitimacy of the strike.

The deicision to hold a meeting for considering the legitimacy of the strike must be immediately sent to the representative organization of employees’ collective, the employerm the procuracy of the same level and relevant agencies and organizations.

- Within 05 working days from the day on which the decision to hold a meeting for considering the legitimacy of a strike is issued, the Panel in charge of considering the legitimacy of the strike must hold a meeting for considering the legitimacy of the strike.

2. Process of a meeting for considering the legitimacy of a strike in Vietnam

Process of a meeting for considering the legitimacy of a strike according to Article 411 of the Civil Procedure Code 2015 is as follows:

- The Judge presiding over the meeting for considering the legitimacy of the strike announces the decision to hold a meeting for considering the legitimacy of the strike and summarize the petition.

- Representative of the employee collective’s representative organizations and representative of the employer present their opinions.

- The Judge presiding the meeting for considering the letigimacy of the strike may request representatives of agencies and organizations participating in the meeting to express their opinions.

- The procurator presents opinions of the procuracies about the consideration of the legitimacy of the strike.

Immediately when the meeting finishes, the procurator shall send the opinions in writing to the Court for recording in the civil-matter files.

- The panel considering the legitimacy of the strike discusses and makes decision under the majority rule.

3. Order and procedures for settling appeals against the decisions on the legitimacy of a strike in Vietnam

Order and procedures for settling appeals against the decisions on the legitimacy of a strike according to Article 413 of the Civil Procedure Code 2015 are as follows:

- Immediately when the appeallate petition or the appeal decision against the legitimacy of a strike is received, the Collegial People’s Court shall request in writing the Court that has considered the legitimacy of the strike to forward the files of the case to it for consideration/settlement.

- Within 03 working days from the day on which the petition is received, the Court that has issued the decision on the legitimacy of the strike must forward the case files to the Collegial People’s Court for considering and settling.

- Within 02 working days from the day on which the case file is received, the Chief Justice of the Collegial People’s Court shall make decisions to formulate an Appellate Panel to consider the legitimacy of the strike and assign a Judge to preside over the study of files.

Within 05 working days from the day on which the Collegial People’s Court receives the case files, the Appellate Panel shall consider the appeal against the decision on the legitimacy of the strike.

The decision of the Appeallate Panel on the legitimacy of the strike shall be the final one.

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