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The Supreme People's Court of Vietnam: Benchbook Online

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8.2.1. Jurisdiction and procedure of resolving collective labour disputes


Jurisdiction of resolving collective labour disputes

Related legal documents
  • Labour Code (Article 168)
  • CPC (Item 2 of Article 31)
  • CPC (Point a of Item 1 of Article 34)

  •  Main tasks and practical skills:

    • Judge must to define the labour distpute falls under the jurisdiction of Court or not.
    • Collective labour disputes are resolved by province’s People Court

    Order of resolving collective labour disputes

    Related legal documents
  • Labour Code (Article 170, Article 171)
  • Labour Code (Article 172)

  •  Main tasks and practical skills:

    • Judge must examine the collective labour dispute to determine if it abided by the regulated procedure or not.
    • Conciliation Council at local level and Arbitration Council at province level.
    • Requirements on contents of conciliation.

    Jurisdiction of People Courts

    Related legal documents
  • CPC (Article 31)
  • Labour Code (Article 172)
  • Labour Code (Article 177)

  •  Main tasks and practical skills:

    • Judge must verify decision of Arbitration Council and issue final decision.
    • In cases where the employee collective does not agree with the Arbitration Council and asks Court to resolve the dispute, the Court will accept the case.
    • In cases where the employers do not agree with the decision of Arbitration Council and they ask Court to verify the decision of the Arbitration Council, the Court will accept the case.
    • The People’s Court will issue a final decision about a strike (if employees collectively chose a strike solution) and collective labour disputes