DECREE
Detailing and guiding the implementation of some articles of the Law on amendment and supplement
some articles of the Labour Code on labor dispute settlement ______________________________


GOVERNMENT Pursuant to the Law on Government Organization December 25, 2001;
Pursuant to the Labour Code, June 23, 1994; Law amending and supplementing some articles of the Labour Code, April 2, 2002; Law amending and supplementing some articles of the Labour Code November 29, 2006;
Proposal of the Minister of Labour - Invalids and Social Affairs,
Decrees: Chapter I


General Provisions Article 1. Scope
Decree this shall detail and guide the implementation of Article 159; Article 162; Article 163; Article 164; Article 165a; Article 170; Article 170a; Article 171; Article 171A and Article 174d of the Labour Code has been amended and supplemented by the Law amending and supplementing some articles of the Labour Code, April 2, 2002 and the Law amending and supplementing some articles of the Labour law November 29, 2006 (hereinafter referred to as the labor Code) for resolving labor disputes.
Article 2. Scope of application
1. Enterprises established and operating under the Enterprise Law.
2. Cooperatives, unions of cooperatives established and operating under the Cooperative Law. 3
. State companies are in transition in accordance with paragraph 2 of Article 166 of the Law on Enterprises.
4. Organizations, units and individuals in Vietnam operating under Vietnam law that uses Vietnam workers under the labor contract regime.
Enterprises, cooperatives, unions of cooperatives, organizations, units and individuals specified in paragraphs 1, 2, 3 and 4 of this Article hereinafter referred to as enterprises.
Article 3. Subject to
1. Laborers; Executive Committee of the local trade union, union executive committee interim (hereinafter referred to as Group Executive Committee of the facility); representatives of labor collectives, who used to work in the enterprise.
2. Vietnam workers working in agencies, international organizations or foreign countries; representative offices, branches of foreign economic organizations in Vietnam; foreigners working in Vietnam also applies the provisions of this Decree, except where international agreements which the Socialist Republic of Vietnam is a member contains different provisions. 3
. This Decree shall also apply to the agencies and organizations related to the settlement of labor disputes, settlement of strikes by labor collectives. Chapter II

LABOUR DISPUTES SETTLEMENT Section 1

LABOUR BOARD BASIS RECONCILIATION RECONCILIATION AND THE LABOR
Article 4. To establish labor conciliation council basis pursuant to paragraph 1, paragraph 2 of Article 162 of the Labor Code
1. The employer has the responsibility to coordinate with the Executive Committee of the local trade union established labor conciliation council facility (hereinafter referred to as the Reconciliation Council). Each party expects its representatives are eligible for discussion, unanimously selected the participants in the Council.
2. Employers who decide to establish a conciliation council, the decisions clearly indicate the name of each member, the Chairman and Secretary of the Reconciliation Council, the term of the President and Secretary of the Board reconcile.
Council decision on the establishment of reconciliation must be announced publicly at the enterprise, sent to Executive Committee of the local trade union, the members of the Council and labor agencies of districts, towns and provincial cities (hereinafter collectively referred to as the district labor offices) for monitoring. 3
. People are expected to participate in the conciliation council of employers and the employees are defined as follows:
a) The employer who is the legal representative or representatives as authorized in writing by the enterprise.
B) the workers by the Executive Committee elected in the local trade union members of the executive committee of the trade union or trade union member in the enterprise.
The two parties may agree to choose one or several experts outside the enterprise is eligible under the provisions of paragraph 1 of Article 6 of this Decree engage in conciliation council.
4. Members of the Conciliation Council must have at least four (04) persons including the chairman and secretary of the council. Since its founding, once a year, representatives of each party alternately as chairman and secretary of the council, if this party chairman, the other party as secretary of the council.
5. Members of the Reconciliation Council attended training courses in professional conciliation, the training courses on labor law.
Article 5. Activity of labor dispute settlement of the Reconciliation Council in accordance with paragraph 3, paragraph 4 of Article 162 and Article 165a of the Labour Code
1. Reconciliation Council is responsible for reconciliation of labor disputes occur individuals in business and labor disputes when there is a collective petition.
2. Within three working days from the date of receipt of the request for conciliation, reconciliation council meeting with the parties to the labor dispute to conciliation.
3
. Reconciliation meeting labor disputes are conducted in the presence of at least two thirds of the members of the Council. The order and procedures for implementing the reconciliation meeting under the provisions of paragraph 2 of Article 165a of the Labour Code.
4. Reconciliation to resolve labor disputes by conciliation council must comply with the provisions of the Labor Code and this Decree.
5. Employers who are responsible for ensuring the necessary conditions for the activities of the Council during conciliation join reconciliation, such as conciliation meeting when the incident, provide working facilities for reconciliation Council members; provided the documents and papers relating to labor disputes; pay, pay for members of the Reconciliation Council the work day labor dispute conciliation and the day to participate in training courses, professional training by labor agencies at various levels.
Article 6. labor conciliator under Article 163 of the Labor Code
1. Those who have the following conditions is Chairman of the district People's Committees recognized as labor conciliators:
a) civil act capacity adequate, good moral qualities.
B) knowledge of labor law.
C) conciliation skills or experience in the organization of reconciliation to undertake the work of labor conciliator.
D) Voluntary participation reconciliation organization.
2. Labor federation of districts, towns and provincial cities (hereinafter referred to as the district labor federation) or equivalent (Union of industrial parks and export processing zones) make a list of the members of to those who are eligible under the provisions of paragraph 1 of this Article submission sent district labor offices registered to participate in the labor conciliator.
For those who meet the conditions provided for in paragraph 1 of this Article submission sent district labor offices to register for the labor conciliator. 3
. Labor conciliator may be dismissed in the following cases:
a) violations of the law.
B) acts contrary to social ethics.
C) Has repeatedly refused reconciliation tasks.
4. District labor agency shall:
a) submit to the Chairman of the district People's Committee decision recognized labor conciliator.
B) To assist the Chairman of the district People's Committee to manage a team of labor conciliators.
C) Appointing officials working in labor mediator and conciliator assigned to employees participating in the settlement of labor disputes in specific geographical areas.
5. Labor conciliator attend professional training courses on conciliation, the training courses on labor law.
6. The Minister of Labour - Invalids and Social Affairs shall specify, record, sequence, procedure conciliator appointed labor and the management team of labor conciliators.
Article 7. The operation of the labor conciliator under Article 163 and Article 165a of the Labour Code
1. Labor conciliator conciliation mission labor disputes at enterprises and individuals no conciliation council, disputes the implementation of apprenticeship contracts and training costs, the provisions in dispute Clause 2 of Article 166 of the Labour Code when the parties have requested and labor disputes when required collective.
2. Within three working days from the date of receipt of the request for conciliation, labor mediator meets with the parties to the labor dispute to conciliation.
Where labor dispute occurring in the enterprise, the enterprise must provide the venue for the labor conciliator to conduct the conciliation meeting.
The labor dispute cases do not occur in the enterprise, the district labor offices provide the venue for the labor conciliator to conduct the conciliation meeting. 3
. Conciliator of the date of implementation conciliation of labor disputes, including research workday profile equivalent remuneration trial where allowances applicable to people's jurors.
4. Funding for the operation of the labor conciliator by state budget guarantees and are allocated in the recurrent expenditure of the district labor offices. Finance Ministry guidelines on specific funds for the operation of the labor conciliator.
Article 8. Selection Conciliation Council or labor conciliator in dispute settlement cases of collective labor under paragraph 1 of Article 170 of the Labor Code
Executive Committee or local trade union representatives of the labor collective agreement with the employer in writing in the selection of the conciliation council or the labor conciliator resolve collective labor disputes at the grassroots level. Section 2

LABOUR DISPUTE RESOLUTION COLLECTIVE OF PEOPLE'S COMMITTEE CHAIRMAN OF DISTRICT
Article 9. Authority to resolve collective labor disputes by the Chairman of the district People's Committee pursuant to paragraph 2 of Article 170 of the Labor Code
1. Chairman of the district People's Committee is responsible for resolving disputes about the right to collective bargaining in the province occurred in the following cases:

A) Was Conciliation Council or labor conciliator reconcile but failed.
B) The duration of three working days from the date of receipt of the conciliation council or the labor conciliator not reconcile or not organized conciliation meetings.
2. Within five working days from the date of receipt of the request, the Chairman of the district People's Committee shall meet with the parties to the labor dispute to resolve the dispute.
Article 10. Procedure for resolving collective labor disputes on the rights of the Chairman of the district People's Committee according to Clause 1, Article 170a of the Labour Code
1. Within three working days from the date of receipt of the request for settlement of labor disputes, the Chairman of the district People's Committee shall, in coordination with agencies and other organizations to study the internal issues relating to the settlement of collective labor disputes and proposed remedies.
After the agencies and organizations concerned with the proposed measures to address the dispute, the Chairman of the district People's Committees convene a meeting to resolve the dispute in accordance with the provisions of Clause 2, Article 9 this Decree.
2. At the meeting to resolve disputes about the right to collective bargaining, the Chairman of the district People's Committee may invite representatives of the Trade Union of Trade Unions superior establishments, agencies and organizations to attend the session box. 3
. In the process of settling the collective labor dispute on the right, if the collective labor dispute may stem from violations of labor legislation, collective labor agreements, labor regulations have been registration and regulations and other legal agreements at the enterprise, the Chairman of the district people's Committee decision of administrative punishment for violations in accordance with the law on administrative fines main.
4. District labor agency collaboration with Confederation of Labor or equivalent dominated district presidents of the district People's Committee monitoring the implementation of labor disputes with the provisions of the law on the settlement of labor disputes of President of the district people's Committee. Section 3

DISPUTE RESOLUTION COLLECTIVE LABOUR COUNCIL THECUA
LABOUR ARBITRATION Article 11. Establishment of Labor Arbitration Council under Article 164 of the Labor Code
1. After consulting the relevant industries expected the chairman and members of the labor arbitration council, Director of the Department of Labor - Invalids and Social Affairs, the Chairman of the provincial People's Committee decision to establish labor arbitration council to reconcile labor disputes collective interests and collective labor disputes in enterprises can not strike occurred in the area of ​​management.
2. Labor arbitration council, based in the Department of Labour - Invalids and Social Affairs, has its own seal. 3
. Funding for the operation of the labor arbitration council by the state budget guarantees and are arranged in regular spending estimates of the Department of Labour - Invalids and Social Affairs.
Department of Labor - Invalids and Social Affairs provide the venue and facilities and ensure the necessary conditions for the operation of the labor arbitration council.
4. The composition of the labor arbitration council was formed in odd numbers, five or seven members, including:
a) Chairman of the Board as representatives of the Department of Labour - Invalids and Social Affairs.
B) Secretariat are civil servants Council of the Labor - Invalids and Social Affairs appointed.
C) A member is to represent the provincial Labor Federation.
D) A member who is a representative of local employers.
E) One or more members or lawyers who are experienced in the field of labor relations, reputation and impartiality.
5. Secretary of labor arbitration council to work full permanent duty of the Council, shall be entitled to an allowance equivalent to the allowance of the Head office of the Department. Other members work on a part-time basis are entitled to fostering the implementation process of the settlement of labor disputes in accordance with the law equivalent to the trial where allowances applicable to Society people's assessors.
6. The members of the labor arbitration council by the Department of Labour - Invalids and Social Affairs to provide information about the provisions of the labor law, are entitled to attend training courses on labor law.
Article 12. Activity of labor dispute settlement of labor arbitration council in accordance with Article 164 and Article 171 of the Labor Code
1. Labor arbitration council meeting to conciliate collective labor disputes when at least two thirds of the members of the Council are present (which must be members of the Department of Labour - Invalids and Social Affairs , the provincial labor Federation, representatives of local employers).
2. Within seven working days from the date of receipt of the request for conciliation, labor arbitration council meeting with the parties to the labor dispute to resolve labor disputes.
3
. When conducting the settlement of collective labor disputes at enterprises on the list of enterprises where strikes occurred in the area, the labor arbitration council decision to resolve collective labor disputes . If either party disagrees with the decision of the labor arbitration council shall have the right to request the people's court has jurisdiction to settle.

Chapter III ELECTION OF COLLECTIVE LABOUR REPRESENTATIVES, DETERMINATION NOT TO JOIN WORKERS STRIKE, DISCONTINUE THE SETTLEMENT OF CASES OF COLLECTIVE LABOUR DISPUTES THE COLLECTIVE LABOUR RIGHTS
Article 13. to appoint representatives of labor collectives to organize and lead the strike under Article 172a of the Labour Code
When labor disputes occur in the enterprise collective has no executive committee of the trade union basis, the labor collective is sending representatives to organize and lead the strike in accordance with the following provisions:
1. Based on the size and number of employees in a business or corporate department, labor collectives decide the number of representatives of labor collectives on the principle of odd numbers, a maximum of nine (09) people, at least not less than three (03) persons to represent the collective labor to organize and lead the strike in the enterprise. The appointment of representatives of labor collectives at enterprises must be notified in writing to the district Labor Federation or equivalent in a maximum period of five (05) working days since the labor collective old.
2. Labor Federation or similar district in coordination with the district labor offices guide the labor collective elected representatives of the labor collective in the enterprise. 3
. Those who are appointed as representatives of labor collectives to organize, strike leaders have duties and powers as follows:
a) comply with the provisions of the labor legislation on the organization, leaders strike.
B) the rights and obligations as a member of executive committee of the trade union of the process of organizing, strike leaders.
C) receive benefits as union officers participating establishments resolve labor disputes in the course of labor collective representatives.
D) Duration of labor collective representatives shall be counted from the moment the labor collective elected until the end of the settlement of labor disputes.
Article 14. Determination of the workers do not participate in the strike under paragraph 1 of Article 174d of the Labour Code
Employees are defined as people who are not on strike but had to stop working because of strike of those who did not join the strike, who is part of the business does not strike but due to the cessation of the strike.
Article 15. Settlement of the temporary stoppage of the collective labor when labor disputes occur collective rights under paragraph 3 of Article 159 of the Labor Code
1. Upon the occurrence of collective labor disputes on the right led to the temporary stoppage of the labor collective, the Chairman of the district People's Committee shall promptly resolved.
2. In cases where the parties to the dispute does not accept the settlement, the Chairman of the district People's Committee a written report to the Chairman of the provincial People's Committee, and the Department of Labor sent - Invalids and Social Affairs , the provincial labor Federation, representatives of the provincial labor used for coordinated handling. 3
. Based on the content requirements of the labor collective, Chairman of the district People's Committee meeting with representatives of trade union executive committee or the representative appointed by the labor collective (where no trade union organization) , the employer; requires the parties to abide by the labor laws and collective labor back to work, stable production.
4. Review and administrative penalties (if any) violations of labor legislation, collective labor agreements, labor regulations have been registered and regulations and other legal agreements at the enterprise .
5. Reconcile for the content of collective labor dispute does not come from violations of labor legislation, collective labor agreements, labor regulations have been registered and the rules, agreements other measures in the enterprise. Where conciliation fails, to guide the parties to comply with the provisions of labor law on the settlement of collective labor disputes.

Chapter IV IMPLEMENTATION PROVISIONS Article 16.

Effect This Decree shall take effect 15 days from the date of its publication.
Annul Decree No. 58 / CP of May 31, 1997 of the Government on the payment of wages and other benefits settlement for workers to go on strike during the strike; annulled Decision No. 744 / TTg of October 8, 1996 by the Prime Minister on the establishment of the Council of the provincial labor arbitration.
Article 17. Responsibility for guiding and implementing
1. Ministry of Labour - Invalids and Social Affairs is responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairman of People's Committees of provinces and centrally-run cities shall implement this Decree. /.