What Is a Strike in Vietnam? Lawful Strike Conditions and Procedures

Short answer: A strike is a temporary, voluntary and organized work stoppage by employees to achieve demands in the course of resolving a labor dispute. A strike is lawful only when organized by the representative organization of employees that is a party to a collective labor dispute, after mediation procedures have been completed, and in compliance with the statutory process (consultation, notification). Illegal strikes do not protect participating employees. Regulated in Articles 198–209 of the Labor Code 2019.

Legal basis

• Labor Code 2019 — Article 198 (strike), Articles 199–209 (strike process and procedures; cases where strikes are prohibited);
• Decree 145/2020/ND-CP guiding implementation of the Labor Code 2019.

What is a strike?

Under Article 198 of the Labor Code 2019, a strike is a temporary, voluntary and organized work stoppage by employees to achieve demands in the course of resolving a labor dispute. Three core characteristics:

• Temporary: work is stopped for a defined period; the labor relationship continues to exist;
• Voluntary: employees participate voluntarily, without coercion;
• Organized: organized by the representative organization of employees, not a spontaneous action of individuals.

A strike is a right of employees, but it may only be exercised within the legal framework to distinguish it from unlawful work stoppages.

When may a strike occur? Conditions for lawfulness

1. It must be a collective labor dispute over interests

A strike only arises in the course of resolving a collective labor dispute over interests (disputes about establishing new rights and obligations in labor relations), not disputes over rights (violations of existing law) — disputes over rights are resolved through mediation, arbitration or the Court.

2. Mediation procedures have been completed

The dispute must be mediated by a labor mediator; only when mediation fails (or the mediator fails to conduct mediation within the time limit) may the representative organization of employees proceed with strike procedures.

3. Organized by the representative organization of employees

Only the representative organization of employees that is a party to the collective labor dispute has the right to organize and lead a strike.

4. Not a prohibited case

Strikes are prohibited in employers operating essential for the national economy, security and defense per the list prescribed by the Government (Article 209); disputes at such units are resolved under special procedures.

Lawful strike process

1. Consulting the employee collective: the representative organization of employees consults all employees or the executive committee on the strike; the strike proceeds when more than half of those consulted agree (per detailed regulations);
2. Issuing the strike decision: in writing, specifying the dispute contents, demands, commencement time and strike location;
3. Notifying the strike: sending the strike decision to the employer, the provincial People’s Committee and the specialized labor agency no later than 05 working days before the strike commencement date;
4. Conducting the strike in accordance with the notified contents.

Rights and obligations during a strike

• Employees participating in a lawful strike: are not considered to have breached their labor contracts; are protected and may not be persecuted or dismissed for participating in the strike;
• Salary: employees are not paid salary during the strike, unless otherwise agreed by the parties;
• Employees not participating in the strike but having to stop work because of the strike are paid work-stoppage salary as prescribed;
• The employer may not terminate labor contracts or discipline employees participating in a lawful strike; may not hire others to replace striking employees during the strike;
• The parties may continue negotiating and mediating during the strike.

Illegal strikes and consequences

A strike not complying with the conditions and procedures above is an illegal strike. Employees participating in an illegal strike are not protected; the employer has the right to discipline them under internal labor regulations; organizations and individuals organizing an illegal strike causing damage must compensate.

Frequently asked questions

Is a spontaneous work stoppage by a group of workers a strike?

No, if it is not organized by the representative organization of employees and does not follow the statutory process. A spontaneous work stoppage may be considered a labor discipline violation.

Is salary paid during a strike?

In principle, no salary is paid during a strike, unless the parties agree otherwise (e.g., in a collective labor agreement).

May the enterprise hire replacement workers?

Others may not be hired to perform the work of employees participating in a lawful strike during the strike period.

Notes on applying current legislation

A strike is the last resort after negotiation and mediation fail; both employees and enterprises should prioritize dialogue and collective bargaining to resolve disputes early and reduce damage for both sides. Contact ANT Legal lawyers at 0966.475.966 for advice on handling collective labor disputes.

Common risks to note

• Organizing a strike before mediation — becoming an illegal strike;
• Not notifying within the 05-working-day deadline;
• Striking at units on the prohibited list;
• The enterprise dismissing employees for participating in a lawful strike.

How can ANT Legal help?

ANT Legal advises on resolving collective labor disputes: negotiation, mediation, lawful strike procedures; protects employees’ rights and advises enterprises on handling strike crises. For prompt advice, please contact our lawyers at 0966.475.966.

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