Decree No. 133/2007/ND-CP dated August 08, 2007 of the Government providing detailed regulations and guidelines on the Laws amending the Labour Code regarding labour dispute resolution
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, August 8, 2007
PROVIDING DETAILED REGULATIONS AND GUIDELINES ON THE LAWS AMENDING THE LABOUR CODE REGARDING LABOUR DISPUTE RESOLUTION
Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Labour Code dated 23 June 1994; and to two Laws Amending the Labour Code dated 2 April 2002 and 29 November 2006;
On the proposal of the Minister of Labour, War Invalids and Social Affairs,
Article 1. Governing scope
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This Decree provides detailed regulations and guidelines on articles 159; 162; 163; 164; 165a; 170; 170a; 171; 171a and 174d of the Labour Code as amended by two Laws amending the Labour Code dated 2 April 2002 and 29 November 2006 respectively (hereinafter all referred to as the Labour Code) regarding labour dispute resolution.
Article 2. Applicability:
1. Enterprises established and operating pursuant to the Law on Enterprises.
2. Co-operatives and co-operative groups established and operating pursuant to the Law on Co- operatives.
3. State owned companies currently in the period of conversion pursuant to article 166.2 of the Law on Enterprises.
4. Vietnamese organizations, units and individuals operating in accordance with the law of Vietnam and employing Vietnamese employees pursuant to labour contracts.
The enterprises, co-operatives, co-operative groups, organizations, units and individuals stipulated in clauses 1, 2, 3 and 4 of this article are hereinafter all referred to as enterprises.
Article 3. Applicable entities:
1. Employees; the executive committee of the trade union of an enterprise and the provisional executive committee of a trade union (hereinafter both referred to as the executive committee of the trade union of the enterprise); representatives of labour collectives; and employers in enterprises.
2. Vietnamese employees working in international or foreign bodies and organizations; and representative offices and branches of foreign economic institutions in Vietnam. This Decree shall also apply to foreigners working in Vietnam, unless an international treaty of which the Socialist Republic of Vietnam is a member contains a different provision.
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3. This Decree shall also apply to bodies and organizations involved in resolution of labour disputes and involved in resolution of strikes held by labour collectives.
LABOUR DISPUTE RESOLUTION
Section 1. LABOUR CONCILIATION COUNCIL OF AN ENTERPRISE, AND LABOUR CONCILIATORS
Article 4. Establishment of the labour conciliation council of an enterprise pursuant to clauses 1 and 2 of article 162 of the Labour Code
1. An employer shall be responsible to co-ordinate with the executive committee of the trade union of the enterprise to establish the labour conciliation council of the enterprise (hereinafter referred to as the conciliation council). Each party shall propose its own representative who must be qualified to debate and ensure agreement with the other representative on selecting membership of the conciliation council.
2. The employer shall issue a decision on establishment of the conciliation council, specifying the full names of each member and of the chairman and secretary of the conciliation council, and specifying the term of office of the chairman and secretary.
3. The decision on establishment of the conciliation council must be publicly notified at the enterprise, and sent to the executive committee of the trade union and to all members of the conciliation council, and also sent to the labour authority of the district, town or provincial city (hereinafter referred to as the district labour body) for monitoring. The following provisions shall apply to persons proposed by the employer and by the employees to sit on the conciliation council:
(a) The party proposed by the employer shall be the legal representative of the enterprise or a person with written authorization from the enterprise;
(b) The party proposed by the employees shall be a person appointed by the executive committee of the trade union or shall be a trade union member at the enterprise.
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The two parties may reach agreement on selection of one or more experts outside the enterprise who satisfy the conditions stipulated in article 6.1 of this Decree, to sit on the conciliation council.
4. Membership of the conciliation council shall comprise at least four persons including the chairman and secretary. As from the date of establishment of the conciliation council, once every year the representatives of each party shall take turns in acting as chairman and secretary, so that while the representative of one party acts as chairman the representative of the other party acts as secretary.
5. Members of the conciliation council shall participate in professional training courses on conciliation, and on upgrading knowledge of the law on labour.
Article 5. Conduct of labour dispute resolution by the conciliation council in accordance with clauses 3 and 4 of article 162 and article 165a of the Labour Code
1. The conciliation council shall have the duty of conciliating individual labour disputes which arise at the enterprise and collective labour disputes when so requested.
2. The conciliation council must meet with the parties in dispute in order to hold a conciliation within a time-limit of three (3) working days as from the date of receipt of a request to conciliate.
3. A conciliation session may be held when at least two-thirds of the members of the conciliation council are present. The order and procedures for holding a conciliation session shall be implemented in accordance with clause 2 of article 165A of the Labour Code.
4. Any conciliation held by a conciliation council in order to resolve a labour dispute must comply with the provisions of the Labour Code and the provisions of this Decree.
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