Relevant Legislation
Labour Code of the Socialist Republic of Vietnam, 23 June 1994 (Amended 2 April 2002)²¹

Rights
Under Article 172 of the Vietnamese Labour Code, the labour collective has the right to strike where conciliation at the labour arbitration council level has failed.

Procedures
Article 173(2) of the Vietnamese Labour Code states that:

The decision to strike shall be made by the executive committee of the trade union of the enterprise aft er obtaining the approval, by sealed votes or signatures, of more than half of the number of employees in the labour collective. The executive committee of the trade union of the enterprise must nominate a maximum of three representatives to present the request of the labour collective to the employer and, at the same time, to notify the body in charge of State administration of labour of the province or city under central authority and the provincial trade union confederation in writing. The request and notice must clearly outline the matters in dispute, the matters proposed to be resolved, the agreement to strike of the employees (by votes or by signatures), and the commencement ti me of the strike.

Regulations/Limitations
Article 173(3) prohibits the destruction of any machinery, equipment or assets of the enterprise, or any other act that violates public order and safety during a strike. Strikes are prohibited at institutions that serve the public, or that are essential to the national economy, security or defence [Article 174]. Furthermore, strikes that do not arise from a collective labour dispute or that are outside ‘the scope of an enterprise’ are considered illegal [Article 176]. The people’s court and the Standing Committee of the National Assembly may make a decision as to the resolution of the strike [Articles 177 and 179]. Finally, ‘any act of victimization of or revenge on a person participating in or organizing a strike is strictly prohibited’ and anybody who forces another strike or interferes with the right to strike may be liable to administrative penalty or criminal liability [Article 178].

Endnotes
²¹ Labour Code of the Socialist Republic of Vietnam, 23/06/1994, (amended 2 /04/2002), available at http://www.global-standards.com/Resources/VNLaborCode1994-2002.pdf (accessed 16/05/11).