VietnameseDecree No. 122/2007/ND-CP dated July 27, 2007 of the Government providing for the list of enterprises which may not go on strike and the settlement of requests of labor collectives in those enterprises
ATTRIBUTE
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 122/2007/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 27/07/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Enterprise , Justice , Labor - Salary |
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No. 122/2007/ND-CP | Hanoi, July 27, 2007 |
DECREE
PROVIDING FOR THE LIST OF ENTERPRISES WHICH MAY NOT GO ON STRIKE AND THE SETTLEMENT OF REQUESTS OF LABOR COLLECTIVES IN THOSE ENTERPRISES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code; and the November 29, 2006 Law Amending and Supplementing a Number of Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Article 1. Governing scope
This Decree provides a list of enterprises which may not go on strike and the settlement of requests of labor collectives in those enterprises.
Article 2. Subjects of application
This Decree applies to enterprises, labor users, laborers, grassroots trade union executive committees and provisional trade union executive committees (below collectively referred to as grassroots trade union executive committees) in enterprises on the list of those which may not go on strike.
Article 3. List of enterprises which may not go on strike
1. Enterprises which may not go on strike include enterprises producing and providing public-utility products and services and enterprises playing an essential role in the national economy (see the enclosed list).
2. The list of security and defense enterprises which may not go on strike shall be decided by the Prime Minister at the proposal of the Minister of Defense and the Minister of Public Security.
3. Based on the socio-economic situation, the Prime Minister shall amend and supplement the list of enterprises which may not go on strike at the proposal of the Minister of Labor, War Invalids and Social Affairs, the Minister of Defense and the Minister of Public Security.
Article 4. Settlement of requests of labor collectives
1. Labor users shall coordinate with grassroots trade union executive committees in organizing the full implementation of the provisions of labor law, collective labor agreements, labor rules and regulations formulated by enterprises in accordance with the labor law; and take the initiative in settling problems arising in the course of implementation.
2. Biannually, ministers, heads of ministerial-level agencies and government-attached agencies and presidents of provincial-level Peoples Committees shall assume the prime responsibility for, and coordinate with trade unions and labor users representatives in, gathering opinions of labor users and grassroots trade union executive committees in enterprises which may not go on strike so as to promptly settle legitimate requests of labor collectives.
3. Labor users shall assume the prime responsibility for, and coordinate with grassroots trade union executive committees in, settling requests of labor collectives, if any. Within three working days after receiving a request, if the parties cannot settle it, the labor user shall report it to the provincial-level Service of Labor, War Invalids and Social Affairs; the grassroots trade union executive committee shall report thereon to the immediate superior trade union for coordinated settlement.
4. Within three working days after receiving a request, the provincial-level Service of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the trade union and concerned agencies in, settling the request.
If being incapable of settling the request or if the request falls beyond its competence, the provincial-level Service of Labor, War Invalids and Social Affairs shall immediately report thereon to the provincial-level Peoples Committee which shall coordinate with concerned ministries and branches in settling the request.
Article 5. Settlement of collective labor disputes
1. When a collective labor dispute arises in an enterprise which may not go on strike, either or both parties to the dispute may request a labor arbitration council to settle the dispute.
2. Within five working days after receiving a request, the labor arbitration council shall conduct conciliation and settlement.
If either or both parties to a dispute disagree/s with the labor arbitration councils decision, it/they may request a competent court to settle the dispute in accordance with law.
Article 6. Implementation effect
This Decree takes effect 15 days after its publication in CONG BAO.
To annul the Governments Decree No. 51/CP of August 29, 1996, on the settlement of requests of labor collectives in enterprises which may not go on strike, and the Governments Decree No. 67/2002/ND-CP of July 9, 2002, amending and supplementing the list of enterprises which may not go on strike, promulgated together with the Governments Decree No. 51/CP of August 29, 1996.
Article 7. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal Peoples Committees, and enterprises on the list of those which may not go on strike shall implement this Decree.
| ON BEHALF OF THE GOVERNMENT |
LIST
OF ENTERPRISES WHICH MAY NOT GO ON STRIKE
(Promulgated together with the Governments Decree No. 122/2007/ND-CP of July 27, 2007)
I | INDUSTRIAL ENTERPRISES |
1 | - The Hydropower Companies of Da Nhim-Ham Thuan-Da Mi, Hoa Binh, Yaly and Tri An The Thermopower Companies of Uong Bi and Ba Ria Thu Duc Thermopower One-Member Limited Liability Company, Phu My Thu Duc Electric-Mechanical Company - Pha Lai Thermopower Joint-Stock Company |
2 | - Electricity Companies No. 1, 2 and 3 - The electricity companies of Hanoi, Ho Chi Minh, Hai Phong and Da Nang cities, and Dong Nai, Ninh Binh and Hai Duong provinces |
3 | Power Transmission Companies No. 1, 2, 3 and 4 |
4 | The National Load Dispatch Center |
5 | The Gas Product Processing and Trading Company |
6 | VIETSOPETRO Joint-Venture Enterprise |
II | TRANSPORT ENTERPRISES |
1 | The railways stations of Hanoi Railways Passenger Transportation Company, Sai Gon Railways Passenger Transportation Company and the Railways Cargo Transportation Company |
2 | - The Railways Management Company - The Railways Information and Signals Company |
3 | The Vietnam Air Traffic Management (VATM) Center |
4 | The Northern, Middle and Southern Airports Authorities |
5 | The Airlines Petrol and Oil Supply Company |
6 | - Pilot Companies No. I, II, III, IV and V - The Shipping Pilot Joint-Stock Company - the Vietnam National Coal and Mineral Industries Group - Vung Tau Pilot Enterprise |
7 | Shipping Safety Assurance Companies No. I and II |
8 | Vietnam Shipping Communication and Electronics Company |
9 | The Vietnam Salvage (VISAL) Company |
III | POST AND TELECOMMUNICATIONS SERVICE ENTERPRISES |
1 | The Vietnam Telecom National (VTN) Company |
2 | The Vietnam Telecom International (VTI) Company |
3 | The National Newspaper Distribution Company |
4 | The Vietnam Postal Service (VPS) Company |
5 | The Central Post Department |
6 | The network infrastructure-supplying companies of the Electricity of Vietnam Telecommunications Company (EVN Telecom), Viettel Corporation and the Vietnam Telecommunications Group |
IV | AGRICULTURAL, FORESTRY AND FISHERY ENTERPRISES |
1 | One-Member State Limited Liability Company for the Exploitation of Dau Tieng Reservoir Irrigation Works - Tay Ninh |
2 | One-Member State Limited Liability Company for the Exploitation of Bac Hung Hai Irrigation Works |
3 | One-Member State Limited Liability Company for the Exploitation of Bac Nam Ha Irrigation Works |
V | URBAN SERVICE ENTERPRISES OPERATING IN SPECIAL-CLASS, GRADE-I AND GRADE-II CITIES |
1 | Hanoi city - Hanoi One-Member State Limited Liability Company for Urban Environment - Hanoi One-Member State Limited Liability Company for Water Drainage - Hanoi Clean Water Business Company - Hanoi Clean Water Business Company No. 2 |
2 | Ho Chi Minh City - The Urban Environment Company - The Urban Water Drainage Company - The Water Supply Joint-Stock Companies of Ben Thanh, Gia Dinh, Cho Lon, Thu Duc, Nha Be and Phu Hoa Tan; the Water Plants of Thu Duc and Tan Hiep; Trung An Water Supply Enterprise; the Clean Water Conduction Enterprise; Tan Hoa Water Supply Branch - The public service companies of Districts 3, 4, 6, 7, 8, 11, Go Vap, Binh Thanh, Binh Chanh, Nha Be and Hoc Mon - The public works companies of District 1: Housing Management and Development Company of District 2; Public Traffic and Public Works Company of District 5; Urban Management and Development Company of District 9; Service-Investment and Housing Management Company of District 10; Urban Traffic Works and Housing Management Enterprise of District 12; Thu Duc Urban Traffic Works and Housing Management Company; Tan Binh Urban Traffic Service Company; Urban Works Company of Phu Nhuan district; Cu Chi Public Works Enterprise; and the Public-Utility Company of Can Gio district |
3 | Hai Phong city - Hai Phong One-Member State Limited Liability Company for Water Supply - Hai Phong Public Works and Construction Company - Hai Phong Urban Environment Company - Hai Phong Water Drainage Company - The Public Works and Tourist Service Company |
4 | Da Nang city - Da Nang Water Supply Company - The Urban Environment Company of Da Nang City |
5 | Can Tho city - The Urban Works Company of Can Tho City - Can Tho Water Supply and Drainage Limited Liability Company - Thot Not Water Supply and Drainage Joint-Stock Company - O Mon Water Supply and Drainage Joint-Stock Company - Tra Noc Water Supply and Drainage Joint-Stock Company - Water Supply and Drainage Construction Joint-Stock Company - The Water Drainage Enterprise |
6 | Viet Tri city, Phu Tho province - Viet Tri Environment-Urban Service Joint-Stock Company - Phu Tho Water Supply One-Member State Limited Liability Company |
7 | Thai Nguyen city, Thai Nguyen province - Thai Nguyen One-Member State Limited Liability Company for Environment and Urban Works - Thai Nguyen One-Member Limited Liability Company for Clean Water Business - Thinh Duc Nam Water Plant - Thinh Duc Bac Water Plant |
8 | Ha Long city, Quang Ninh province - Quang Ninh Water Supply Construction Company - Ha Long Urban Environment Company - The Industrial Development Joint-Stock Company |
9 | Nam Dinh city, Nam Dinh province - Nam Dinh Environment Company - Nam Dinh Water Supply Company |
10 | Thanh Hoa city, Thanh Hoa province - Thanh Hoa One-Member Limited Liability Company for Water Supply - The Environment and Urban Works Company |
11 | Vinh city, Nghe An province - Nghe An Water Supply Joint-Stock Company - Vinh One-Member Limited Liability Company for Urban Environment |
12 | Hue city, Thua Thien Hue province - Thua Thien Hue One-Member State Limited Liability Company for Construction and Water Supply - Hue One-Member State Limited Liability Company for Environment and Urban Works |
13 | Quy Nhon city, Binh Dinh province - Binh Dinh Water Supply and Drainage Company - Quy Nhon Environment Company |
14 | Nha Trang city, Khanh Hoa province - Khanh Hoa Water Supply and Drainage Company - Nha Trang Urban Environment Company |
15 | Buon Ma Thuat city, Dak Lak province - Dak Lak One-Member Limited Liability Company for Water Supply and Construction Investment - The Urban Management and Environmental Sanitation Company - Dong Phuong Environment Limited Liability Company |
16 | Da Lat city, Lam Dong province - Da Lat Urban Works Management Company - Lam Dong Water Supply and Drainage One-Member State Limited Liability Company |
17 | Bien Hoa city, Dong Nai province - Dong Nai One-Member State Limited Liability Company for Water Supply Construction - Bien Hoa Urban Environment Service Company |
18 | Ba Ria city, Ba Ria-Vung Tau province - Ba Ria-Vung Tau One-Member State Limited Liability Company for Water Supply - Vung Tau Urban Works Company - The Urban Water Drainage Company |
19 | My Tho city, Tien Giang province - Tien Giang Water Supply and Drainage Company - The Urban Works Company of My Tho City |
VIETNAMESE DOCUMENTS
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ENGLISH DOCUMENTS
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