THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
THE MINISTRY OF FINANCE

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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 07/2008/TTLT-BLDTBXH-BTC

Hanoi, May 30, 2008

 

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE No. 11/2008/ND-CP OF JANUARY 30, 2008, PROVIDING FOR COMPENSATION FOR DAMAGE CAUSED BY UNLAWFUL STRIKES TO EMPLOYERS

Pursuant to the Government's Decree No. 11/ 2008/ND-CP of January 30, 2008 providing for compensation for damage caused by unlawful strikes to employers (below referred to as Decree No. 11/2008/ND-CP), the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance jointly guide its implementation as follows:

I. SCOPE OF REGULATION AND SUBJECTS OF APPLICATION

The scope of regulation and subject of application of compensation for damage under Articles 1 and 2 of Decree No. 11/2008/ND-CP are specified as follows:

1. Scope of regulation

a/ This Circular provides for responsibilities, levels and forms of compensation for organizations and individuals involved in strikes causing damage to employers when such strikes are declared unlawful by people's courts under Article 1 of Decree No. 11/2008/ND-CP.

b/ Compensation for property damage by those taking advantage of a (lawful or unlawful) strike to intentionally harm enterprise assets is not governed by Decree No. 11/2008/ND-CP and this Circular and complies with the Civil Code's provisions on compensation for damage outside contract.

2. Subjects of application

Subjects of application under Article 2 of Decree No. 11/2008/ND-CP include:

a/ Organizations and individuals having led or participated in an unlawful strike:

- Grassroots or provisional trade union executive committees (below referred to as grassroots trade union executive committees);

- Labor collective representatives designated by laborers and their designation has been notified to district- or equivalent-level labor federations;

- Laborers.

b/ Employers, including:

- Enterprises established and operating under the Enterprise Law.

- State companies in the period of transformation under Clause 2, Article 166 of the Enterprise Law.

- Cooperatives and cooperative unions estab-lished and operating under the Law on Cooperatives.

- Organizations, units and Vietnamese or foreign individuals employing laborers under labor contracts.

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