ORDINANCE on procedures for settling labour disputes in order to resolve the true law, labour disputes in a timely manner in order to protect the interests of the State, the legitimate rights and interests of workers, collective labour and employers;
Pursuant to article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;
Based on The labor law;
This Ordinance regulates the procedure to resolve the labor dispute in the courts.
Part one: the procedure of settling labor lawsuits Chapter 1: GENERAL PROVISIONS article 1. The right to ask the Court to protect the rights and legal interests 1-workers, collective labour, the employers under the procedure prescribed by law have the right to sue labor lawsuit to request the Court to protect the rights and legitimate interests.
In case of a need to protect the rights and legitimate collective's Labour Union level on the basis of the Union have the right to sue.
2-labor case the petitioner has the right to withdraw the lawsuit, changing the content of the lawsuit. The litigants have the right to reconcile with each other.
Article 2. Obligation to provide documents and evidence The litigant has an obligation to provide documents and evidence for the protection of rights and legitimate interests.
Article 3. To verify, collect evidence When necessary, the Court proceeded to verify, collect evidence or ask the parties to labour disputes, agency, organization, individual owners provide documentary evidence to ensure the resolution of the case to labor are accurate, fair. The labor disputes parties, agencies, organizations, individuals are required to provide complete and timely as required by the Court.
Article 4. Responsible for reconciliation of the courts in the process of resolving labor, the Court has the responsibility to reconcile the litigants may agree with each other about the case.
Article 5. Equality of rights and obligations The litigant equality of rights and obligations in the process of resolving labor.
Article 6. Jurors, objective, timely, quick, lawful labor lawsuits be tried publicly, objective, timely, quick, lawful.
Article 7. The voice, the written word to use in the course of the case, the workers say, the handwriting used in the process of resolving labor is Vietnamese.
The participants in proceedings have the right to use the voice, writing of his nation.
Article 8. The representatives authorized by The litigants can authorize a lawyer or other person representing themselves to participate in the proceedings in accordance with the law.
Article 9. The effect of the judgment, the decision of the Court judgment, the decision of the Labour Court's case has legal effect must be State agencies, socio-political organizations, economic organizations, social organizations, people's armed units and all citizens to respect; workers, collective labour, the employers and the agencies, organizations, units are obliged to obey the judgment, the right of the courts to strictly obey.
Article 10. Prosecutor obey the law in the process of resolving the people's Procuracy labour Prosecutor to obey the law in the process of resolving labour under the provisions of the law on organization of people's Procuracy and of this Ordinance.
Chapter 2: the JURISDICTION of the COURTS of article 11. Jurisdiction of the Court the Court has jurisdiction to resolve the case of the following workers: 1-individual labor disputes between workers with the employers on the rights and benefits related to employment, wages, earnings and other labour conditions; about performs labor contracts, and in the process of Reconciliation Council apprenticeship basis or mediators of labor the labor agency district, district, town, city in the province (hereinafter referred to as the agency-level labor) conciliation fails, unless the labor dispute following individuals not necessarily through reconciliation in the base : a) disciplinary disputes on labor in the form of layoffs, or about the case of unilateral termination of labor contract;
b) dispute about compensation to the employer. 2-collective labour disputes between the labour collective with the employers on the rights and benefits related to employment, wages, earnings and other labour conditions; on the implementation of the collective labour agreement; on the right to establish, join, Union activity was the labour arbitration Council, central cities (hereafter referred to collectively as the Council of provincial labour arbitration) resolved that the labour collective or the employer does not agree with the decision of the labour arbitration board.
Article 12. Jurisdiction of the courts of the level 1-the people's courts of the district, County, city, town in the province (hereinafter referred to as the Court of the District of) resolved under the procedure of first instance labour cases prescribed in clause 1 of article 11 of this Ordinance, except those under the jurisdiction of the provincial courts.
2-people's Court, the central cities (hereafter referred to as provincial courts) have jurisdiction according to the procedure of first instance the following labor disputes: a) labour disputes stipulated in paragraph 2 of article 11 of this Ordinance;
b) labor disputes prescribed in clause 1 of article 11 of this Ordinance which have foreign elements;
c) The labor case under the jurisdiction of the Court of the district in which the case required the Court of the province can get up to solve.
Article 13. The jurisdiction of the Court according to the territory's courts have jurisdiction at first instance the case to Labor Court is the place of work or place of residence of the defendant; If the defendant is legal, the competent court is the Court of the place where the legal entity has its headquarters, unless the law stipulates otherwise. The litigants have the right to request the Court of the agreement work or place of residence of the plaintiff of the case workers.
Article 14. The jurisdiction of the Court according to the choice of the plaintiff plaintiffs courts the option to require resolving labour in the following cases: 1-If not known head office or the domicile of the defendant, the plaintiff may ask the courts which has property or where the head office or the domicile of the final defendant to settle the case;
2-If the case arises from the operation of the enterprise branch, the plaintiff has the right to request the Court of the place where the enterprise has its head office or place of business of the branch has settled;
3-If the case arising from the operations of the employer or the contractor who is the intermediary role, the plaintiff has the right to request the Court of the place where the employer is the main owner is headquartered or domiciled or where the contractor, who has a residence mediation to resolve;
4-If the case arises because of breach of employment contracts, collective labour agreement, the contract of apprenticeship, the plaintiff has the right to request the Court where execute employment contract, collective agreement or contract of apprenticeship to solve;
5-If the case on compensation for damage to life, health, medical costs due to labor accidents, occupational diseases or reclaim pay salaries, subsidize job loss, retrenchment and pay money for workers on the social insurance and health insurance when workers not belonging to the type of compulsory social insurance, the plaintiff has the right to request The Court of his place of residence or the place where the defendant is headquartered or domiciled resolution;

6-If the case on workers demanding compensation for damage to property, the cost, the plaintiff has the right to vocational training require court where people work or reside. In many cases the defendant has a place of residence or work place different then the plaintiffs have the right to request the Court where one of the defendant's business or residence to solve;
7-If in labor contracts, collective labour agreement which the parties have agreed in advance on the courts to resolve the dispute, the plaintiff only be litigated in the courts.
Article 15. Transfer the case to another court; disputes about competence 1-in the case found the case was accepting its jurisdiction not the Court to transfer the case file to the competent court and inform the Privy, agencies, organizations, individuals have rights and obligations in relation to know.
2-disputes on jurisdiction by the Court on the direct settlement.
Chapter 3: the TRIAL; CHANGE the judge, JURORS, the PROSECUTOR, the clerk of COURTS, the EXAMINER, who TRANSLATED article 16. Trial 1 to trial of first instance composed of two judges and a Panel.
2-the Council of three appellate judges.
3-the trial of Cassation, Labour Court's retrial the Supreme People's court composed of three judges.
4-the Committee of judges, the judges of the Supreme People's Court, the Committee judges the Court when trial under procedure of Cassation or retrial should have at least two-thirds of the total number of participants.
5-the trial said in the paragraph 1, 2 and 3 of this article the decision by majority. The decision of the Committee of judges, the judges of the Supreme People's Court, the Court of the judge Committee of the province must be half the total number of members of the Organization voted approval.
Article 17. Change the judge, jurors, Prosecutor, court Secretary, examiner, translator 1-judge, jurors must refuse to conduct the proceedings or changed if: a) is privy, or the protection of the rights of litigants, like relatives of the litigants, who testified in the case;
b) participated in a trial in the same case as the judge, jurors, except in the case of a member of the Committee of judges, the judges of the Supreme People's Court, the Court of the judge Committee of the then still be involved to trial several times the same case under the procedure of Cassation , a retrial;
c) have participated in the proceedings in the same case as the Prosecutor, the clerk of courts, the examiner, translator;
d) In a trial in which the judge, the jurors are the ones you love with each other;
DD) bases showed the judge, jurors are not impartial during the trial.
2-the Prosecutor, the clerk of court must decline to participate in the proceedings or changed if: a) has joined the proceedings the same case at the trial level;
b) specified in the base point a and paragraph 1 of this article.
3-the examiner, the translator must refuse to participate in the proceedings or altered if base is defined at the point a and paragraph 1 of this article.
Article 18. The sequence and the authority to change the judge, jurors, Prosecutor, court Secretary, examiner, interpreter 1-before the opening of the trial, the change of judges, jurors, court Secretary, examiner, translator by the Chief Justice of the Court decision. Changing the Prosecutor by the Minister the Prosecutor decide; If the Prosecutor is changed is the Minister the Prosecutor then Minister Prosecutor direct superiors decide.
2-at the trial, the change of judges, jurors, court clerk, the examiner, the interpretation by the Board of review decisions after listening to the opinions of the people being asked to change. In no case replace immediately, the trial decided to postpone the trial.
If at the trial have suggested that Prosecutor changes the trial found the reasons for the proposed change is plausible, the decision to postpone the trial.
Within three days from the date of completion of the trial, Chief Justice of the Court, the Minister the Prosecutor sent another person instead.
Chapter 4: PARTICIPANTS in the PROCEEDINGS article 19. The litigants 1-workers, collective labor, employers who participate in the proceedings as plaintiff, defendant or person having an interest, related obligations.
2-individual litigants can themselves or authorize in writing another person to exercise their rights, the obligation of his proceedings in the process of resolving labor.
3-the collective labor is done right, the obligation of the proceedings through the Executive Committee of the Trade Union representative basis.
4-The employer is done right, the obligation of the proceedings through a representative under the law or under the authorization.
5-in the case of Union level on the basis of the Union, the petitioner must provide documents, evidence and the right, the obligation of the proceedings as plaintiff; Executive Committee of the trade union premises of the labour collective interests should be protected must participate in the proceedings as plaintiffs.
Article 20. Rights, obligations of litigants proceeding 1-plaintiff has the right to change its requirements. The defendant has a right against the plaintiff's requests or requirements relevant to the plaintiff's request. People have the rights, the relevant obligations may require independence or to join with other litigants proceeding.
2-The litigants have the right to: a) given evidence, documents; be read, copied and viewed the documentary evidence provided by the parties involved;
b) requires courts to apply provisional measures;
c) participate in the trial;
d) require a change of judges, jurors, the Prosecutor, the clerk of courts, the examiner, the translator if there is one of the reasons specified in article 16 of this Ordinance;
DD) reconciliation with each other;
e) argue at the trial;
g) to appeal the verdict, the decision of the Court;
h) requires that people have the right to protest the verdict, the decision of the Court of Cassation, in order a retrial.
3-The litigants are obliged: a) provide adequate, timely documents, relevant documents as required by the Court;
b) to be present according to the summons of the Court. The defendant has been duly summoned to the second that is still absent without good reason, the Court may impose a fine of fifty thousand to a hundred thousand Dong Dong;
c) accepted the rules of the trial.
Article 21. Behavioral competencies of the proceeding of the equivalent 1-workers from 18 years of age have the right to make his own rights, obligations of litigants in the proceedings.
2-not enough kids 15 years done right, obligation of litigants in the proceedings through a representative. You labor from enough 15 years to under 18 years old can participate in the proceedings, but when necessary, the Court summoned their representatives to participate in the proceedings.
3-If the litigant is the downside of physical or mental that cannot participate in the proceedings was to have their representatives to participate in the proceedings.
4-in case of no person representing litigants said in paragraph 3 of this article participated in the proceedings, the court appoints a person's Privy or a member of a social organization made the person who represents them.
Article 22. The representative authorized by the equivalent 1-litigants can authorize a lawyer or other person representing themselves to participate in the proceedings except those following is not involved in the proceedings as the representative authorized by the litigant: a) stateless Vietnam or not reside in Vietnam except where the law has provisions for litigants who have foreign citizenship, who do not have citizenship or is Vietnam people settled abroad;
b) eighteen years of age;

c) mentally ill;
d) Are prosecuted on criminal or convicted the not yet clear;
court officers), the Prosecutor;
e) examiner, translator, who testified in the case;
g) relatives with the Jurors phám, people's jurors, court clerk, Prosecutor are involved in resolving.
2-Who is authorized to make the right, obligation of litigants in proceedings authorized range.
3-The authoritative proceedings must be made in writing and be legally authenticated.
Article 23. The protection of the legitimate rights and interests of litigants-litigants 1 yourself or ask a lawyer or other person to protect the legitimate rights and interests.
2-person can defend the rights for many litigants in the same case, if the rights of those that are not in opposition to each other.
3-The protection of the legitimate rights and interests of litigants have the right to: a) to participate in the proceedings from the petitioner;
b) suggested to change the judge, jurors, the Prosecutor, the clerk of courts, the examiner, the interpreter as specified in articles 17, 18 and 20 of this Ordinance;
c) provide documentary evidence, the proposed requirements, read the case file, copy the necessary points in the case file, attend, join the trial.
4-The protection of the legitimate rights and interests of litigants are obliged to use the litigation rights prescribed by law to contribute to the true founder of the case.
Article 24. Witnesses 1-who know the details related to the case workers could themselves or be the courts, Procuracy summoned to testify.
2-Person witness must be present according to the summons of the Court, the Procurator, is obliged to present all what I know about the case and are responsible for the lyrics of his presentation.
3-the person who asked the Court to summon witnesses to an advance payment of costs for witnesses. People bring to bear expenses for witnesses, if the witness has implications for the settlement of the case.
Article 25. The examiner 1-When necessary, courts, Procuracy itself or at the request of the litigants on judge. The examiner must be present according to the summons of the Court, procurator.
2-the examiner has the right to learn the materials of the case related to object to the assessment.
The examiner has the obligation to assess objectively, honestly the subject was asked to judge.
3-inspection-related accidents, occupational diseases caused to workers by employers. In other cases, people who lose must bear the costs of the assessment if the assessment results mean for the resolution of the case; If the results don't mean assessment for resolving the referendum request inspection or the Court, the Procurator himself referendum examiner must bear the costs of the assessment.
Article 26. Translator.
1-in the case of participants in the proceedings cannot be used, the Vietnamese courts have elected elected translator.
2-translator must be present according to the summons of the court interpreter and honest.
3-Who lose must bear the costs of translation.
Article 27. Successor rights and obligations proceedings 1-If the deceased individual is privy to which rights, obligations on the property of the person, the heirs who inherit the rights and obligations of the proceedings.
2-If the employer is held in case of merger, Division, transfer of business ownership, management or the right to use the assets of the business, the successor of the rights, the obligations of that organization made the right, the obligation of the former organization.
3-The right to inheritance, the obligation of the proceedings can be accepted in any Court of any stage in the process of resolving labor.
Article 28. Proceedings of the people's Procuratorate in the course of resolving labor, the Procurator has the right to participate in the proceedings at any stage when it deems necessary.
For those breaking the law relating to the rights and legitimate interests of workers are minors, the disabled and other serious legal violations, if no one claims the Procurator has the right to prosecute.
Chapter 5: COURT FEES Article 29. Court fees The litigants should bear court fees depending on the type of case and on the basis of the benefit, the level of their errors in relation to the law that the Court addressed.
The Government, in coordination with the Supreme People's Court regulations on court fees.
Article 30. Who is an advance payment of court fees; who should bear court fees 1-plaintiff, defendant has asked for the plaintiffs, who have rights, obligations relating to independent request an advance payment of court fees and court fees, except in the cases specified in article 31 of this directive.
2-The appeal under the procedure of appeal to pay the advance payment of the court fee appeal within the appeal; If within the time limit which does not advance the appellate court fees, the treated as no appeal, unless exempted in part or whole of the advance payment of court fees.
3-in case of withdrawal of the claim prior to trial, the plaintiffs be paid back 50% of the advance payment of the court fee already paid. In the case of conciliation into before opening the trial, litigants must pay 50% of the first instance court fees. The litigants agreed with each other on the level of court fees that each side must bear; If they do not settle the Court decision. In the case of the litigant reconciliation at the trial, each party litigants to bear half the cost of the judgment at first instance level.
4-If the resolution of the case is temporarily suspended, the court fee to be decided when the case was continued. If the resolution of the case suspended under the provisions of point a, c, d and DD paragraph 1 Article 41 of this Ordinance, the amount the court fee to be remitted to the State budget.
5-The litigants should bear court fees the first instance when the request cannot be accepted by the courts; the appellate court fees to be paid if the Court of Appeal judgment unchanged, the decision at first instance.
6-who have an advance payment of court fees are refunded the difference, if according to the decision of the Court they suffered fewer court fee level of advance payment of court fees already paid; be returned whole in the case the Court decided them without charge.
Article 31. Long an advance payment of court fees, exemption from court fees 1-The following are exempt from the litigants advance, be exempt from the court fee: a) workers demanding wages, social insurance, workers ' compensation funds, occupational diseases;
b) workers compensation or damages for dismissal, termination of the employment contract is unlawful;
c) Executive Board of the Union sue the facility for the benefit of the collective labor.
2-Union basis, provincial unions, industry unions to sue or appeal is not an advance payment of court fees, court fees are not subject to the first instance and appellate court fees.
Procuracy prosecute protest is not an advance payment of court fees, court fees are not subject to the first instance, appellate court fees.
3-Privy is not workers in the case under paragraph 1 of this article if there are economic difficulties the people's Committee of the communes, wards and towns endorsed, then may be the courts for filing a section or the entire advance payment of court fees and court fees.
Chapter 6: SUE, the CASE Article 32. Sue case 1-the petitioner must request the Court has jurisdiction in the following period:

a) one year from the date the dispute arose or six months from the date the Council reconcile labor base or mediators of labor agencies at district level reconciliation not for disputes on disciplinary labor in the form of layoffs, unilaterally terminated the employment contract or to claim damages for the employer; b) Six months from the date the Council reconcile labor base or mediators of labor agencies at district level reconciliation not for personal labor disputes;
c) three months from the date of the decision on the collective labor disputes of the labour arbitration Council that provincial labour collective, the employer does not agree with that decision.
2-claim must specify: a the date, month, year) application;
b) courts are asked to solve the case;
c) them, the name of the plaintiff, the defendant;
d) the address of the plaintiff, the defendant; If the defendant's address is unknown, the address where the work or the last place of residence or headquarters of the defendant;
DD) content dispute, dispute value if available;
e) negotiating process, reconciliation, the decision of the labour arbitration Council of province level (if any);
g) proposed requests the Court to resolve.
3-a lawsuit by the plaintiff or the plaintiff's representative. Attached to the lawsuit to have the documents requested by the plaintiffs.
4-Council conciliation base workers, mediators of labor bodies at district level, the labour arbitration Council granted the responsibility to submit to the Court the attached profile editor no reconciliation committee or a decision on the resolution of the labor dispute.
Article 33. The right to change the requirements of the petitioner 1-who claims to have the power to change the requirement stated in the lawsuit before the Court opened the trial.
2-at the trial, the change request is accepted only if not postponed the trial to verify more, or the equivalent of the agreement to each other about changing it.
Article 34. Return the claim the Court returned the petition in the following cases: a) the applicant does not have the right to sue;
b) lawsuit did not properly specified in clause 2 of this Ordinance 32 Articles;
c) time has run out;
d) The work has not been labor conciliation Council base or mediators of labor agencies at district level or the labour arbitration Council granted the previous resolution, except for those not necessarily via the reconciliation facility.
DD) The work has been addressed by the judgment or the decision has force of law courts or by decision of the competent authority;
e) not in the jurisdiction of the Court.
Article 35. Case 1-When the Court deems the case in his jurisdiction shall immediately notify the plaintiff said. Within seven days from the date of filing, the plaintiff must file the advance payment of court fees, except where exempted an advance payment of court fees.
2-the court case from the date the plaintiff to present receipts an advance payment of court fees. In the case of the petitioner be free of an advance payment of court fees, the day the court case to be counted from the date the complaint was received.
Chapter 7: PREPARING the HEARING of 36 Articles. The time limit for pretrial preparation 1-within seven days of the case, the Court must inform the defendant and who have rights, obligations relating to know the content of single events.
Within seven days of receiving the notice, the defendant and who have rights, obligations relating to send their comments to the Court in writing of the claim and other documents relevant to the resolution of the case; This time limit runs out without getting your comments in writing to the Court to continue the case.
2-within thirty days from the date of the case, the judge assigned to preside the trial to one of the following decisions: a) bringing the case to trial;
b) temporarily suspend the resolution of the case;
c) suspended the settlement of the case.
With regard to the collective labor dispute complexity, the time limit mentioned in this paragraph are also not too forty days.
3-within ten days have decided to take the case to trial, the courts must open the trial; in case there are legitimate reasons, that time limit not to exceed fifteen days.
4-as soon as the decision to bring the case to trial, the Court must send the case file to the Procuratorate at the same level of research within a period of five days, in case the Procuracy to prosecute or have requested to join the trial.
Article 37. To verify, collect evidence 1-in the preparatory phase of the trial, if it deems necessary, the Court may order or other court authorised money income, evidence to clarify the details of the case. The courts are mandated to have the task done right entrustment and notice of results for the courts have mandated.
2-income, verification of evidence include: a) require litigants to provide additional evidence, or the presentation of the issues necessary;
b) require the parties to labour disputes, State authorities, institutions, the PMS provide meaningful evidence for the settlement of the case;
c) asking the witness presented the issues necessary;
d) verified on the spot;
DD) referendum examiner;
e) Council valuation or ask specialized agencies property valuations when needed.
Article 38. Reconciliation 1-before the decision to open the trial, the Court reconcile to the litigants may agree with each other about the case.
The plaintiff, the defendant, who has the rights, obligations or their authorized representative must be present when the Court of conciliation. If the plaintiff has duly been summoned to second that remains absent with no reason the Court decides to suspend the resolution of the case. If the plaintiff has a written request does not reconcile or Privy is not the plaintiff has duly been summoned to second that remains absent with no reason the Court establish the minutes of the conciliation failed and the decision to take the case to trial.
2-If the reconciliation the litigants agreed to be together on the resolution of the case the Court established thereon and conciliation decision recognized the agreement of the litigants; This decision has the effect of law.
In the case of the litigant could not settle with each other the Court established a Republic and not a decision to take the case to trial.
Article 39. The decision to bring the case to trial decided to bring the case to trial to have the following content: 1-day, month, year, location, open the trial;
2-The trial is conducted publicly or sealed;
3-they are, name of litigant, who is involved in the proceedings;
4-the content dispute;
5-They, the name of the judge, jurors, the clerk of the trial; they, the name of the Prosecutor to join the trial (if available).
Article 40. Temporary suspension of the resolution of the case 1-the Court decided to temporarily suspend the resolution of the case in the following cases: a) the plaintiff or defendant is deceased individuals, organizations have dissolved without having the individual, the Organization inherited the rights and obligations of the proceedings;
b) expiry Were preparing for trial that one of the litigants could not be there for good reason;
c) have yet to find the address of the defendant;
d) Should expect results to solve criminal cases, civil cases, economic cases, administrative lawsuits or other labor cases concerned;
DD) had the Court accepting the petition to declare bankruptcy business enterprise that is the equivalent of the case;
e) had decided the merger, Division, transfer of business ownership, management or the right to use the assets of the business that have yet to be determined successor rights and obligations proceedings.

2-the Court continued the case when a visit is no longer only a temporary reason.
3-the decision to temporarily suspend the case can be appealed, the appeal.
Article 41. Suspended from the case 1-the Court decided to suspend the case in the following cases: a) the plaintiff or defendant is deceased that personal rights, their obligations not inherited; the Organization has been dissolved without individuals, held rights to inheritance, the obligation of the proceedings;
b) the petitioner withdrew a lawsuit, Procuracy withdrew the decision to prosecute;
c) plaintiff was duly summoned to the second that is still absent without good reason;
d) time limit expired before suing the courts accepting the petition;
DD) the incident was resolved by the judgment or the decision has force of law courts or other competent authorities;
e) has decided to open court's procedure for resolving a request to declare bankruptcy business enterprise that is the equivalent of the case;
g) not in the jurisdiction of the Court.
2-decided to suspend the resolution of the case could be appealed, the appeal, except in cases specified in point b of paragraph 1 of this article.
Article 42. Submit the decision of the Court when the decisions provided for in articles 39, 40 and 41 of this Ordinance, the Court must immediately send the decision to the people's Procuratorate at the same level, the litigants, who protected the legitimate rights and interests of litigants.
Chapter 8: PROVISIONAL MEASURES Article 43. applying provisional measures 1-litigants have the right to petition the Court to make the decision to apply provisional measures to protect the interests of litigants, secured the executed projects; litigants must be responsible before the law for his request, if there is fault in causing damage to compensate.
2-in the course of the case, the Court itself or at the request in writing of the Prosecutor or of the Union under the provisions of the law, it may decide to apply provisional measures and must take responsibility for that decision. If due to the application of provisional measures is unlawful which cause damage to compensate.
The application of provisional measures can be conducted at any stage in the process of resolving; If before the opening of the trial by the judge assigned to the case decided, if at the trial by the trial decision.
3-requires applying provisional measures must be reviewed by the courts within three days of receiving the request, if accepted, the courts must now decide. If himself saw the need to apply provisional measures, the Court shall have the right to make a decision soon.
4-in the decision to apply provisional measures must specify the term of validity of the decision but not exceeding the duration of the case under the provisions of the law.
Article 44. Provisional measures The provisional measures consisted of: 1-to temporarily suspend the enforcement of the decision to dismiss workers;
2-forcing the employers advance: salary, compensation, benefits due in the workers ' or occupational diseases for workers;
3-Banned or forcing litigants, other private organizations concerned to implement these behaviors if deems necessary for resolving labour or to guarantee the enforcement of the judgment.
Article 45. Change or revoke provisional measures 1-provisional measures may be modified or cancelled.
2-changing or cancelling temporary emergency measures, if before the opening of the trial by the judge assigned to the case decided, if at the trial because the trial decision.
Article 46. Enforcement, complaints, make Conference decided to apply provisional measures.
1-the decision to apply provisional measures be enforced right away even though there are complaints or event Summit.
2-The litigants have appeal rights procurator, the Union under the provisions of the law have the right to make recommendations to the Chief Justice of the Court is to resolve the case of the decision to apply provisional measures.
Within three days of receiving the appeal, make conferences, Chief Justice courts are resolving to review and return the favor.
Chapter 9: the TRIAL of FIRST INSTANCE Article 47. The participants of the trial the trial was conducted in the presence of the litigant or the litigant's representative. In the case of the Executive Committee of the Union base petitioner must then be present representatives of the unions at the trial. In the case of Trade Union Committee of the facility did not sue the Union representatives can take part in the trial as the protection of the rights and interests of litigants as laborers. If the Union grants on the basis of the Union's claims, the trade union representatives and Union representatives of the labor collective establishments have benefit need to be protected must be present at the trial as specified in clause 5 article 19 of this Ordinance.
If the presence of witnesses, the examiner, the translator is indispensable, the trial was conducted only when they are present.
In case the Procuracy to prosecute or have requested to join the trial, the trial was conducted in the presence of the Prosecutor or the opinion written by the Procuratorate at the same level.
Article 48. The trial procedures 1-after the start of the trial, presiding the trial read decided to bring the case to trial to check the presence and identity of the persons to be summoned to the trial and explain to them their rights and duties in the trial. If the person was that absent the trial decided to postpone or continue the trial.
2-preside the trial introduction of the members of the Board hearing, the Prosecutor, the clerk of the trial, examiner, translator, witness and explain to the participants in the proceedings to know the right to ask to change the composition of trial, the Prosecutor, the clerk of the trial, examiner , translator. If comments are asks to change the trial review and decision.
3-preside the trial explained to the examiner, the interpreter about their rights and obligations. These people warrant round obligation.
4-preside the trial explain to witnesses about their rights and obligations. Witnesses warrant stubs. If the witness could be influenced by the testimony of others, then presiding the trial for quarantined people testify against others before the testimony of the witnesses.
5-preside the trial asked the litigant or the litigant's representative, control, protect the legitimate rights and interests of litigants about providing more evidence or requests to summon more witnesses. If requested, the trial and decision.
Article 49. Postponed the trial 1-complete the trial trial in the following circumstances: a) the absence of representatives of the Union have to sue; the absence of the Prosecutor or the opinion written by the Procuratorate at the same level in case the Procuracy to prosecute or have requested to join the trial;
b) plaintiff, defendant, whose interests, related obligations require the absence of independence war have justifiable reasons;
c) member of the Board of review, the Prosecutor, the clerk of the trial, examiner, an interpreter is changed so that there is no alternative right now.

2-The trial still in progress if litigants request trial absent or who is not a plaintiff has duly been summoned to the second that is still absent.
Article 50. Reconciliation in trial 1-before conducting the questioning at the trial, the trial proceeds the reconciliation to the litigants may agree to each other about the case.
2-If the reconciliation to be together, then the trial formed thereon and conciliation decision recognized the agreement of the litigants; that decision has the effect of law. If the litigants could not reconcile to each other then the trial of the money the trial.
Article 51. Questioning at the trial 1-the Board of review determines the full details of the case by the listening to the presentation of the plaintiff, the defendant, who has the rights, obligations or the representative of the litigants, who protected the legitimate rights and interests of litigants, Union representative , employer representative, the witness, the examiner, review the physical evidence.
2-when the interrogation, trial to ask first, then to the Procurator, who defend the rights of litigants. The participants in proceedings have the right to propose to the Board of review the issues that need to be asked more.
Article 52. Debate at the trial after the trial ended the questioning the litigant or the litigant's representative, who protected the legitimate rights and interests of litigants, the Group has litigated, employer representative participated in debate and stated their opinions on how to resolve the case; Prosecutor presented their opinions about the case.
Article 53. Suspension of the case at trial 1-at the trial, if the petitioner withdrew the lawsuit trial decision to suspend the case. If the litigants agreed to be together on the resolution of the case, the decision to recognize the agreement of the litigants. The decision to this effect.
2-at the trial, if there is one in cases stipulated in points a, c, d, e, f and g of paragraph 1 Article 41 of this Ordinance, the Judicial Council decides to suspend the resolution of the case.
Article 54. Deliberation, judgment, sentenced 1-The decision of the Board of review must be the members discussed and decided by majority. When deliberation must record the comments were discussed and decided by the Board of review.
2-the judgment must have the following major contents: a) the day, month, year, location to conduct the trial;
b) Them, the names of members of trial, the Prosecutor, the clerk of the trial;
c), last name, address of the litigants, their representative;
d) requested by litigants;
DD) details has been proven, the evidence, the legal base to solve the case;
e) the decisions of the courts;
g) level of court fees that litigants must bear;
h) Right of appeal.
3-preside the trial announced full text judgments and explained to the litigant to know the right to appeal and the obligation to accept the sentence. As for the decision on salary, compensation, benefits due in the workers ' or occupational diseases for workers or enforce certain flavor onions then the trial could decide to enforce the right.
Article 55. The authority of decision-making, the content, the effect of the Court decision 1-the Court reserves decision to solve the problems arising in the process of resolving labor.
2-before opening the trial, the judge assigned to the case have the right decision; At the trial, the decision made by the Board of review.
3-content decisions include: a) the Court of the case;
b Day, month, year) of the decision;
c), last name, address of the litigants and participants in the proceedings;
d) requested by litigants or the reason for the decision;
DD) law to base decisions;
e) specific decisions;
g) appeal rights of litigants.
Article 56. Fix write home, the judgment, the Court decided not to repair, supplement the decision of judgment and the decision has, unless there are obvious errors of calculation or data about spelling, but must immediately notify litigants, Procurator, individuals, other organizations have rights , the related obligations.
Article 57. The minutes of the trial 1-within minutes of the trial to write a full and clear all the happenings of the proceedings at the trial. Presiding the trial examined the minutes of the trial and the trial clerk to sign the minutes.
2-within three days from the pronouncement of the judgment day, the litigants, the representative or the protection of the rights of litigants, the Union representative, sue the employers viewed the minutes of the trial, have the right to request repairs, additions thereon. Preside the trial, the clerk of the trial and who have the required sign verified the repair thing, added. If the repair request, additional minutes of the trial are not accepted, then the request has permission to write their comments in writing for inclusion in the case file.
Article 58. Grant the excerpts, copies of the judgment or the decision shortly after the trial ended, or after a decision without opening the trial, litigants, the Union representative, sue employers who are court judgments or excerpts of decision about the case. The latest is seven days from the date of the judgment, decision, the Court must give litigants a copy of the judgment or the decision according to their requirements, at the same time send to the Procuratorate at the same level. If the equivalent of the absence at trial, they must submit to them a quote judgement or decisions about the case.
Article 59. Handle the trial order violators Who breach order the trial, as the case may be, presiding the trial warned, fined, forced to leave the courtroom or arrested.
The people police have a duty to protect the trial and execution of the order by the presiding trial about forcing the trial order violators to leave the courtroom or to arrest violators.
Chapter 10: the APPELLATE PROCEDURE in Article 60. The right to appeal, protest 1-litigant or the litigant's representatives, unions Sue has the right to appeal the verdict, the decision to temporarily suspend or discontinue the resolving of the Court of first instance to the Court of requests on an appellate level, except in the case prescribed in clause 1 Article 53 Legal channels.
2-Procurator at the same level or on a level have the right to appeal the verdict, the decision of the Court of first instance.
3-The appeal must make an appeal; Procuracy protested in writing. In the appeal, the appeal must specify: a the content of the decision section) the verdict, the decision of the Court of first instance was appealed, the appeal;
b) reasons of appeal or protest;
c) request of the appellant, the appeal.
Article 61. The time limit, the appeal procedure, the appeal 1-time appeal is ten days from the date of the Court judgement or decision; If the equivalent master is absent at the trial then the deadline from the date a copy of the judgment, the decision was delivered to the litigant or is listed at the headquarters of people's Committee of the communes, wards and towns where litigants domiciled or where the headquarters if the litigant is legal.
2-the time limit for appeal of the Procuratorate at the same level as seven days, of the Institute of the superior prosecutor ten days from the date of the Court judgement or decision. If the Prosecutor does not participate in the trial, the appeal period is calculated from the day the Procuratorate at the same level receive a copy of the verdict, the decision of the Court.

3-If the appeal or protest overdue because of objective obstacles, the time limit for appeal is ten days of protest is seven days from the date of that obstacle.
4-the appeal, the appeal was sent to the Court of first instance has to solve the case. Within seven days of receiving the appeal, the appeal or from the date of the present appeal receipts advance appellate court fees, if the person is to be paid that amount of money, the Court of first instance must send appeals and protests accompanied the entire case file to the Court of appeal.
Article 62. The notice of appeal, the appeal 1-when sending the appeal or protest accompanied the entire case file to the Court of appeal. The Court of first instance must announce the appeal to the Procuratorate at the same level, and litigants who have rights, obligations related to the appeal. Procuracy must send a copy of a protest for litigants to have rights, obligations related to the protest.
2-People have rights, obligations relating to the appeal, the appeal must be sent to the Court of appeal of his opinions about the appeal, the appeal within seven days from the date of the notice.
Article 63. Withdraw appeal, appeal 1-before or at trial, the appellant appeals, Procurator protest has the right to withdraw part or all of the contents of the appeal, the appeal.
2-the Court decision to suspend the appellate case in case the appeal to withdraw the entire appeals court, Procuracy withdrew the whole protest.
Article 64. As a result of the appeal, the appeal verdict, part of the decision being appealed, the appeal not valid law. Part of the judgment, decided not to appeal, the appeal shall have the force of law.
Article 65. Verification of evidence, additional 1-before the trial or appellate court, appellants, Procurator protest, people have rights, obligations relating to the appeal, protest, who protected the legitimate rights and interests of litigants have the right to add new vouchers.
2-the Court of Appeal itself or at the request of the litigants or money for other court-mandated money issued to verify the new evidence was added.
Article 66. The scope, duration of appellate court of appeal 1 – consider the content of the appeal, the appeal and the judgment, the decision is related to the content of the appeal or protest.
2-within twenty days from the date of the application by the Court of first instance. The Court of appeal must open appellate; in case there are more complex then that period is thirty days.
Article 67. The appellate court decision that does not open the trial appellate Council not to open the trial, not summoned the litigants in the following cases: a) Considering the appeal, the appeal expired;
b) appeal, protest about the court fees;
c) appeal, appeal the decision of the Court of first instance.
Article 68. Preparation of appeals before appellate court, has the right to apply provisional measures, temporary suspension or suspension of the case under the provisions of this Ordinance.
Article 69. Participants in the appellate trial 1-Procurator at the same level to participate in the appellate case of Procurator protest. For other cases, the Prosecutor participated in the appellate trial when deemed necessary. If the Procuratorate participated in the trial the Court shall transfer the case to the Procurator studied within five days.
2-the appellant, unions Sue, who represents employers, people have rights, obligations related to the resolution of the appeal, the appeal must be summoned to join the trial.
3-only courts summon guardian, interpreter, witnesses when required by litigants and when necessary for the resolution of the appeal or protest.
4-If the controllers are involved or there are requests to join the trial that absent the trial postponed the trial. If the people say in the clause 2 and 3 of this article is absent without good reason, the Court is still in progress.
Article 70. The appellate court, the powers of the Court of appeal 1-appellate trial is conducted according to the procedure as the trial of first instance. Before considering the appeal, protest, a member of the Board of review presents the content of the case, the decision of judgment instance and the content of the appeal or protest.
2-the Court of appeal has the right to: a) Doctor to appeal, protest and hold the decision of the first instance decision, judgment;
b) page a part or the entire portion of the decision of the first instance decision, judgment;
c) Quash the judgment of the first instance decision, and forward the case file to the Court of first instance hearing in case of serious violation of the proceedings or the verification, collecting evidence is incomplete that the Court of appeal could not be;
d) temporarily suspended the case when one of the cases provided for in paragraph 1 to article 40 of this Ordinance;
DD) suspended the case when there is one in the case prescribed in clause 1 Article 41 of this Ordinance.
3-the verdict, the decision of first instance been modified in part or in whole if: a) unlawful content, does not fit the profile of the case;
b) that new evidence shows that the judgment of the first instance decision contrary to law, not true to the facts of the case.
Article 71. The judgment of the appellate decision 1-in addition to the contents specified in articles 54 and 55 of this Ordinance, in the judgment of the appellate decision must specify the section to decide of judgment, the decision being appealed or protested, the contents of the appeal, the appeal and the decision of the Court of appeal.
2-judgement, the appellate decision has the force of law and be stars send litigants, unions Sue, who represents employers, who have rights, obligations relating to the appeal, the appeal and the procurator within five days from the date of the judgment or decision.
Article 72. Appeal the decision of the Court of first instance 1-when the appeal the decision of the Court of first instance was appealed, the appeal, the Court does not have to open the trial, not summoned the litigants, except the need to listen to their opinions before making a decision.
2-the Court of appeal must decide to resolve the appeal, the appeal within ten days of receiving the appeal, the appeal.
3-When reviewing the decision of the Court of first instance was appealed, the appeal, the Court of appeal has the powers specified in article 70 of this Ordinance.
Chapter 11: the PROCEDURE of CASSATION, RETRIAL Article 73. Base to protest under procedure of Cassation, retrial 1-judgment, the decision of the Court has in effect been law protest under procedure of Cassation when one of the following bases: a) serious infringement proceedings;
b) part of the judgment, decided not to match the details of the case;
c) there are serious mistakes in the application of the law.
2-the verdict, the decision of the Court has in effect been law protest under retrial procedure when one of the following bases: a) new discovery was the important details of the case that the litigants could not know when the case;
b) have proven the testimony of witnesses, the conclusions of the examiner, his translation of the translation is not verbatim or forge evidence;
c) judges, jurors, Prosecutor, court Secretary deliberately falsify the case file;
d) judgments, court decisions or decisions of State bodies that rely on that Court to resolve the case was abandoned.

Article 74. People have the right to protest under procedure of Cassation, retrial 1-Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy has the right to appeal the judgment under the procedure of Cassation or under procedure of a retrial verdict, the decision has the effect of court levels.
2-the Deputy Chief Justice of the Supreme People's Court, Deputy Director of the Supreme People's Procuratorate have the right to protest under procedure of Cassation judgement, decided to have the legal effect of the local people's Court.
3-Chief Justice of the provincial court, the Minister provincial prosecutor have the right to protest under procedure of Cassation or under procedure of a retrial verdict, the decision has force of law the Court district.
Article 75. The time limit for appeal, announced the protest under procedure of Cassation, retrial 1-term protest under procedure of Cassation, retrial is six months from the date of the judgment, the decision to have the rule of law; If the protest is beneficial for workers, then that term is one year.
2-the protest must be delivered immediately to the Court issued the verdict, the decision being appealed, the Court will trial of Cassation, retrial, litigants and those who have rights, obligations relating to the content of the appeal.
Will the Court of Cassation, hearing of a retrial is sent protest accompanied the case file to the Procuratorate at the same level to research within ten days of receiving the appeal.
3-In the appeal must specify the base appeal. Before the opening of the trial or at the trial, the appeal has the right to withdraw the protest.
4-Person protest has the right to postpone or temporarily suspend the enforcement of the judgment, the decision has force of law being protested.
Article 76. The scope, jurisdiction, the deadline of Cassation, retrial 1-Council of Cassation, retrial could only look at the content of the case relating to the decision being appealed.
2-judge Committee of the Court of Cassation, the retrial of the case in which the judgment or decision was in effect the law of the Court of the district being the protest.
3-the Labour Tribunal of the Supreme People's Court of Cassation, the retrial of the case that the judgment, the decision has force of law the Labour Tribunal provincial people's Court were protesting.
4-judge Committee of the Supreme People's Court of Cassation, the retrial of the case that the judgment, the decision has the effect of law in the Court of the Supreme People's Court were protesting.
5-the Council of judges of the Supreme People's Court of Cassation, the retrial of the case that the decision of the judge Committee of the Supreme People's Court were protesting.
6-within a period of one month from the receipt of the case file, the Court to open trial of Cassation, retrial.
Article 77. The trial of Cassation, retrial 1-at the trial of Cassation, retrial not convene Privy, these people have rights, obligations relating to the appeal, unless the Court finds the need to listen to their opinions before making a decision.
2-at the trial, a member of the Board of review presents the content of the case, the content of the appeal. If the Court had summoned those involved in proceedings, they presented their opinions before the Prosecutor presented comments on the resolution of the case; Discussion of trial and judgment, decision.
Article 78. Powers of the Board of review Cassation, retrial of trial of Cassation, retrial there have the right to: 1-protest and keep the verdict, the decision has force of law;
2-modify a part or the whole of the judgment, the decision has force of law being protested;
3-to cancel the verdict, the decision has force of law to a trial or appellate instance;
4-to cancel the verdict, the decision has force of law and the suspension of the case prescribed in clause 1 Article 41 of France this channels.
Part two: solving the strike Chapter 12: the RULES on STRIKE Article 79. Time has the right to strike after a decision of the labour arbitration board granting the province about the resolution of collective labour disputes, collective labor that does not agree and also does not require courts to resolve, then have the right to strike.
For the workers in collective enterprises not to strike under the category due to government regulations that disagreed with the decision of the labour arbitration board shall have the right to request provincial people's courts to resolve according to the procedure stipulated in the first part of this Ordinance.
Article 80. The grounds for recognition of the legal strike or declare a strike illegal 1-legitimate strike when there's enough of the following conditions: a) Must arise from the collective labour disputes and in the scope of labour relations;
b) Are people who labor to work in a business conducted within the scope of the business;
c collective labor) does not agree with the decision of the labour arbitration board granting the province without the petitioner to request the Court to resolve;
d) subject to the provisions of paragraphs 1 and 2 Article 173 of the labour code;
DD) enterprise where the workers exercise conducted strikes in the category of public service enterprise and essential business for the economy or national security, defense, due to government regulations;
e) does not violate the decision of the Prime Minister on the completed or stop the strike.
2-the strike lacked one of the conditions specified in paragraph 1 of this article is illegal.
Article 81. Procedure for preparing the strike 1-When there is 1/3 (one third) of workers in the labor collective of the enterprise if the strike was conducted in business or too half of the workers in an enterprise structure parts if the strike was conducted in departments which suggested the strike , then the Trade Union Committee of the facility conducted collective labor poll of business or labour collective of parts of the business structure by secret ballot or get signatures to determine the number of people endorsed the strike. If the Trade Union Executive Committee the basis initiated the strike is also to organize the collective opinions of labor by secret ballot or retrieved signature.
2-The strike by the Union Executive Board decision basis after half the labor collective was endorsed the strike. In the case of collective labour half endorsed the strike that Union Executive Board finds it necessary to base the organization get back the collective opinion of the Labour Organization comments back within three days of the poll results. If half the labor collective still endorsed the strike, the Union Executive Board must base the decision to strike and strike leaders.
Article 82. Given a request, send a notice 1-after deciding the strike, the Union Executive Board representation basis, at most three people to grant a request for the employer, at the same time send a copy of the notice to the provincial labour authority and a copy of the notice to the provincial labour federations. Granting a request, send a notice must be conducted at the latest within three days before the start of the strike are defined in a request, a notification.
2-A request, a notification must state clearly the problem of disagreements between labor and collective labor, user requested content to resolve the voting results, or obtain approval signature strike and the beginning of the strike.
Article 83. The right to dispose of the parties to The conciliation between the collective voluntary labour and the employers preferred to resolve before the Court decision to resolve the strike.

Article 84. The prohibited acts done before the strike, while strikes and strikes after finishing 1-before, during and after the strike ended the strike prohibits the following acts: a) hinder the realization of the right to strike or to force others to strike;
b) Used violence, damaging machinery and equipment, the assets of the business, compromised public safety and order;
c) dismiss or maneuver workers go to work elsewhere because of the strike;
d) retaliation, revenge the strike or the strike leaders.
2-those with the behavior mentioned in clause 1 of this article or does not enforce the decision of the Prime Minister, the decision of the courts, then depending on the extent of violations, to compensation, dealt with administratively or be blind for criminal liability.
The Government regulates the administrative sanction for administrative violations before the strike, while the strike and after the end of the strike.
Article 85. Prosecutor obey the law in the process strike people's Procuracy Prosecutor obeys the law during the strike under provisions of the law on organization of people's Procuratorate, the Ministry of labor law and this Ordinance.
Article 86. Delay or stop the strike in the event it deems strikes a serious risk for the national economy, national security or public safety, the Prime Minister decided to postpone or stop strikes and delivered to the competent State agencies in cooperation with the Union of the same level. If the labor collective does not agree with the resolution of the dispute by competent State agencies shall have the right to ask the courts to resolve.
The procedure delayed or stopped the strike due to government regulations.
Chapter 13: the PROCEDURE for RESOLVING the STRIKE Item 1: APPLICATION PROCESS, ACCEPTING the PETITION to RESOLVE the STRIKE Article 87. The right to ask the courts to resolve the strike 1-ahead at the start of the strike, during or after you have stopped the strike, Trade Union Committee of the base have the right to apply to the Court to require the conclusion of legal strike, the employer has the right to apply to the Court to require the conclusion of a strike illegal properties.
2-before the start of or during the strike, the labor agency provincial, provincial labour federations have the right to submit documents to the Court requesting the law strikes are lawful or illegal. The people's Procuratorate prosecuted has the right to request the Court to conclude the strike illegal.
Article 88. The petition and attached documents 1 to petition the courts to resolve the labor collective, of the employers must specify: a) the name, address of the Trade Union Committee of the basis of the decision to strike; they, the name, address, the leaders of the strike;
b), last name, address of the employer;
c) the name, address of the business, where the labor collective strike;
d) reasons;
DD) required by the application.
Attached request must send a copy of the request, a notice of the strike, the decision of the labour arbitration board granting the province about the resolution of collective labour dispute and the papers, documents relevant to the resolution of the strike.
The applicant is the person the employer must pay a fee according to the price level due to government regulations.
2-the text requires the Court to conclude the strike legal or illegal labor agencies of provincial, provincial Labor Federation, text of Procuratorate prosecution must specify: a) the name, address of the requesting authority; They name, position of the person signing the documents required;
b) the name, business address where the collective labor strike;
c) reasons require the conclusion of legal strikes or illegal;
d) specific requirements.
Accompanied by written request to have the documents and evidence related to the request concluded the strike legal or illegal.
Article 89. The jurisdiction of the Court the Court has jurisdiction to resolve the strike is labor Tribunal provincial people's Court where the headquarters of the business that can strike.
Article 90. Obligation to provide documents and evidence base Union Executive Committee, the employer is obliged to provide full documentation, necessary evidence as required by the Court in the process of resolving the strike and are responsible for the accuracy of the materials evidence of that. If the provincial labour authority, provincial Labour Federation demands or people's Procuratorate the prosecution asked the Court to settle the strike, the body that must supply documentary evidence.
Article 91. Accepting the petition within three days of receiving the petition, the Court must consider the same single document papers attached to the petition. If it deems the resolution strikes in its jurisdiction the Court on accepting the application and inform the Executive Committee of the trade union premises, the use of labour, provincial labour authorities, labor unions and the provincial people's Procuratorate at the same level know.
Section 2: PREPARING to RESOLVE the STRIKE Article 92. Preparation period to resolve the strike.
1-just after accepting the petition to solve the strike, Chief Justice Court the Court of labour, provincial courts assigned a judge to settle the strike.
2-within three days from the day of accepting the petition, the judge was assigned to solve the strike to one of the following decisions: a) Put off strike settled;
b) suspension of the resolution of the strike.
Article 93. The duties and powers of judges 1-judge was assigned to solve the strike mission, the following powers: a) gather documents and evidence to file to resolve the strike;
b) verified on the spot;
c) a decision to apply provisional measures;
d) reconcile between the Executive Board of the Union and the employer regarding the resolution of the strike.
2-in the process of resolving the strike, if found to have signs of the crime, the judge provided material for the people's Procuratorate on criminal prosecution review.
Article 94. Responsible for reconciliation of the courts in the process of resolving the strike, the courts have a responsibility to reconcile to the Executive Board of the Union and the employers agreed with each other about the resolution of the strike.
Article 95. Suspend the settlement strikes the Court suspended the settlement of a strike in the following cases: 1-the person who has requested to withdraw the request, the Prosecutor withdrew the decision to prosecute;
2-the Executive Board of the Union and the employers agreed with each other about the resolution of the strike before the Court decision to resolve the strike.
Article 96. Provisional measures 1-in the process of resolving the strike, if it deems necessary the courts decision to adopt provisional measures to prohibit or forced labor, the collective employers make some certain behavior.
2-the application of provisional measures because the judge was assigned to solve the strike or by the Council to resolve the strike decision. In deciding to apply provisional measures must specify the term of validity of the decision.
3-the decision to apply provisional measures be enforced immediately and can be changed or cancelled under the provisions of article 45 of this Ordinance.

4-Executive Committee of the Union and the employer have the right to complain, people's Procuracy has the right to petition to the Chief Justice of the Court is addressing the strike about the decision to apply provisional measures.
Within three days of receiving complaints, Petitions, Chief Justice of the Court must consider and answer.
Section 2:97 Things RECONCILIATION CONFERENCE. The purpose of the meeting reconciliation reconciliation conference was held to be the presiding judge was assigned to solve the strike to the Executive Board of the Union and the employers agreed with each other about the resolution of the strike.
Article 98. The reconciliation conference participants 1-Union Committee representative basis, the employer must be present at the meeting of conciliation.
2-a representative of the people's Procuratorate, the provincial labour authority, provincial Labor Union has the task of reconciliation conference.
In case of necessity, the Court may invite experts on the sectors relevant to do consulting in reconciliation conference.
3-Reconciliation Conference had to be postponed in case of the absence of the representative of the Executive Committee of the Union or the employer.
Within three days of the reconciliation, the judge must reorganize the Conference reconciliation.
Article 99. Conduct of conciliation Conference 1-judge was assigned to solve the strike organized and chaired the Conference of conciliation.
2-after the judge introduced the participants to the Conference, representative of the Executive Committee of the Union base content of collective labour disputes, the decision of the labour arbitration board, the reason does not agree with that decision, the content requires the employer to resolve and collective labor's proposal.
3-The employers presented its opinion on the content of the request and recommendations of the collective labor dispute resolution projects collective labor projects tackling the consequences of the strike.
4-level labor agency representatives of the province, representing the provincial Labor Union stated their opinion about the requirements and proposals of the labour collective of the employers; Procuracy representative presented their opinions about the resolution of the strike.
5-judge was assigned to solve the strike outlined the legal base, explained to the litigant, to reconcile the parties to negotiate, agreed with each other about the resolution of the strike.
In case the parties to the agreement are together on the resolution of the strike, the judge set the minutes of the conciliation and decision recognized the agreement of the parties; This decision has the effect of law and be sent to the Privy Council, provincial labour arbitration and the people's Procuratorate. In case the parties cannot negotiate an agreement, be together, the judge set up a reconciliation failed and force the employers within three days from the date of establishment of conciliation proceedings fail to come up with a new approach about the resolution of the strike and the right to negotiate with each other on that approach. If no agreement is then the judge assigned to the Executive Committee of the Union base within three days from the day the decision to organize the collective opinions on labour by employers. If the labor collective half agree with that approach, the judge decided to recognize the agreement of the parties; If half the labor collective does not agree, the judge decides to open the session considering the legality of the strike. Within three days from the date of the decision, the Court had to open the session.
The minutes of the conciliation or not must be signed by the judge, the clerk of the Conference and the parties reconcile litigants.
Item 4: REVIEW the LEGALITY of a STRIKE 100 Things. The participants of the session considering the legality of a strike 1-Council resolved the strike included three judges of labour courts by a provincial judge who was assigned to settle the strike.
2-the people's Procuracy has the duty to participate in the session of the Council to resolve the strike.
3-the Executive Board of the Union institutions, employers or their representatives to attend the sessions of the Council to resolve the strike.
Article 101. The sequences of the legality of a strike 1-before concluding the legality of the strike, the judge is the President of the Council presented the process of resolving the strike, happenings and results of reconciliation conference.
The Executive Board of the Union institutions, employers or their representatives to be present more in their opinions.
2-the representatives of the people's Procuratorate presented his opinion on the legality of the strike.
3-the Council resolve the strike talk and decided by majority.
Article 102. The decision of the Court of 1-when the review, concluded the legality of the strike, the courts have the right decision: a) the strike is legal. In this case, if the employers at fault then the workers are paid enough wages during the strike; the employers must make legitimate requests and solve the other benefits for workers under the provisions of the law;
b) the strike was illegal and forced labor collective to stop strikes. In this case, the Court based on the error of each party to decide whether to pay the salaries and other benefits settlement for workers under the Government's regulations.
2-The workers not to join the strike that is the holiday still paid according to the level agreed by the two sides, but not lower than the minimum wage because of government regulations.
3-the decision of the Labour Court of province-level courts of the strike have enforceable right. Within three days the Executive Board of the Union and the employer have the right to file a complaint against the decision to the Court of appeal of the Supreme People's Court.
Within five days of receiving the profile resolved the strike, a collective consisting of three judges led by Chief Justice of the Court of Appeals Tribunal of the Supreme People's court appointed must resolved complaints. The decision of the Court of appeal of the Supreme People's Court's final decision on the strike.
Part three: the TERMS OF IMPLEMENTATION of Article 103. Solve the case and labor strikes have foreign elements.
1-the provisions of this Ordinance also apply to the resolution of the case, labor strikes in Vietnam have foreign elements, except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.
2-the provisions in part one of this Ordinance also apply to the resolution of the case to labor outside the territory of the Socialist Republic of Vietnam between workers and employers who are both citizens of Vietnam.
Article 104. Enforcement of the judgment, the decision of the Court.
The verdict, the decision of the Court about the case and about the resolution of the strike was enforced under the provisions of the enforcement Ordinance.
Article 105. The effect of the Ordinance this Ordinance has effect from 1 July 1996.
The previous provisions contrary to this Ordinance are repealed.
Article 106. Guiding the implementation of the Ordinance.
The Government, the Supreme People's Court, the Supreme People's Procuratorate, in the scope of its powers, duties guiding the implementation of this Ordinance.
Hanoi, April 11, 1996