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Copyright (c) 2010 Currents: International Trade Law Journal 
Currents: International Trade Law Journal

ARTICLE: STRIKES AND RESOLUTIONS TO STRIKES UNDER VIETNAMESE LABOR LAW

Summer, 2010

Currents: International Trade Law Journal

18 Currents Int'l Trade L.J. 49

Author

TRAN SI VY and BRADY COLEMAN *

Excerpt

I. BACKGROUND

A. BRIEF HISTORY OF STRIKES IN VIETNAM

Strikes in Vietnam, as in other countries, have a long history. After Vietnam obtained independence from the French in 1954, strikes were recognized as a fundamental right of labor and officially acknowledged by the central government. 1 Article 174 of Decree No. 29/SL, dated March 12, 1947, stipulated: "workers have the rights to freedom of assembly and strike. A subsequent decree shall define the scope of exercise of these rights as well as modes of conciliation and arbitration." 2 However, due to the war between Vietnam and France, a subsequent decree was never issued, and so Decree No. 29/SL was never enforced.

After the war against France, Vietnam fought a war with the United States and unified in 1975. 3 All disputes arising from labor relations between employers and labor collectives during the Vietnam--U.S. war were not considered to be collective labor disputes. 4 As a result, there were almost no strikes at the time; effectively all human resources of the country were involved in or influenced by the war, directly or indirectly. 5

Vietnam "woke up" (Doi Moi) in 1986 when it carried out a renovation policy and opened the door to foreign direct investment, international trade, and commerce. 6 This substantially changed the country--as evidenced by the rapid development of the economy and significant growth in GDP. 7 From the post-war period until 1986, the country transformed its economic model from a centrally planned economic system ...
 
 
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