Short answer: A spontaneous “work stoppage to demand wages” is not a statutory right — employees collectively stopping work to demand wages without following the strike procedure (Article 200 of the 2019 Labour Code) and without the organisation and leadership of the employees representative organisation are highly likely to be classed as an unlawful strike (Articles 204.2 and 204.3). Instead of a spontaneous stoppage, employees have two lawful paths: (a) unilaterally terminate the labour contract under Article 35.2(b) — no advance notice required where wages are unpaid; (b) strike in accordance with the proper procedure or complain to the trade union and labour authorities. For the employer: paying wages late triggers fines of VND 10–100 million (Article 23.2 combined with Article 7.1 of Decree 283/2026/ND-CP — organisations are fined twice the individual level) plus an order to pay all outstanding wages with interest (point a, clause 5, Article 23).
1. Distinguish the 03 concepts — do not confuse them
| Concept | Legal nature | Consequence |
|---|---|---|
| Spontaneous stoppage to demand wages | Employees collectively stop work to demand wages, without the strike procedure, without organisation/leadership by the employees representative organisation | Not a statutory right; highly likely classed as an unlawful strike (Arts. 204.2 + 204.3). Specific consequences for participants (disciplinary action, wages for stoppage days) are unverified — do not infer |
| Lawful strike | Must fall within strike-eligible cases (Art. 199), be organised and led by the employees representative organisation, following the procedure: opinion poll → strike decision and notice → conduct (Art. 200) | Protected by law; for strikes not following proper process, within 12 hours of receiving notice the district-level People Committee Chair directs the return to normal business operations (Art. 211) |
| Unilateral termination of the labour contract | An individual employee right: terminate without advance notice where wages are not fully paid or not paid on time, except force majeure under Art. 97.4 (Art. 35.2(b)) | Within 14 working days of contract termination, both parties fully settle all related payments; special cases may extend but not beyond 30 days (Art. 48) |
Do not confuse with “stoppage wages” (Article 98 of the Labour Code): that is where the employer orders employees to stop work (the employer must pay stoppage wages) — entirely different from employees themselves stopping work to demand wages.
2. A roadmap for employees owed 03 months wages
- Gather evidence of wage arrears: labour contract, payroll sheets, bank statements of wage receipts, messages/emails about late payment.
- Send a written demand to the employer, setting a payment deadline.
- Choose a lawful path:
- Unilaterally terminate the labour contract under Article 35.2(b) (no advance notice), then demand full settlement within 14 working days (Article 48) plus severance allowance if eligible; or
- Strike in accordance with the proper procedure (through the employees representative organisation, Article 200) or file a collective complaint with the trade union and competent labour authorities.
On the force majeure exception: where force majeure has been met with all remedial efforts yet wages still cannot be paid on time, the delay must not exceed 30 days; delays of 15 days or more require compensation of at least the interest on the delayed amount at the 1-month term deposit rate of the bank holding the payroll account (Article 97.4). Three months of arrears far exceeds this exception.
3. How is the wage-owing employer sanctioned?
Administrative sanctions (current basis — do NOT cite Decree 12/2022): Decree 12/2022/ND-CP has been entirely replaced by Decree 283/2026/ND-CP (issued 15/7/2026, effective 10/9/2026). All administrative sanction bases in the labour field from 10/9/2026 must cite Decree 283/2026.
Under Article 23.2 of Decree 283/2026, employers paying wages late are fined by the number of affected employees: VND 5–10M (1–10 employees); 10–20M (11–50); 20–30M (51–100); 30–40M (101–300); 40–50M (301 and above) — individual levels; organisations are fined twice (Article 7.1) → enterprises face VND 10–100 million. Plus the remedial measure: pay all outstanding wages with interest on the delayed wages at the highest demand-deposit rate published by state-owned commercial banks at the time of sanctioning (point a, clause 5, Article 23).
UNCERTAIN point — sanctions for “paying below the minimum wage”: the corresponding clause number in Decree 283/2026 must be checked against the original text; do not infer it from the old Decree 12/2022. The 2026 regional minimum wages (Decree 293/2025/ND-CP, effective 01/01/2026): Region I VND 5,310,000/month; Region II 4,730,000; Region III 4,140,000; Region IV 3,700,000.
Receiving authority has changed: the Department of Labour, Invalids and Social Affairs has been merged into the Department of Home Affairs. The labour-specialised authority now sits under the Department of Home Affairs / district-level People Committees — do not name the former department as the receiving authority.
4. A roadmap for employers: act before being sanctioned
- Proactively dialogue with employees and the grassroots trade union.
- Propose a written wage repayment schedule (committing to specific payment deadlines).
- Do not let the situation drag on: beyond the VND 10–100M fine, the employer is compelled to pay all wages plus interest, not to mention strike and collective litigation risks.
Frequently asked questions
Is a work stoppage to demand wages a strike? A spontaneous stoppage without the Article 200 procedure and without organisation/leadership by the employees representative organisation is highly likely classed as an unlawful strike (Articles 204.2, 204.3 of the 2019 Labour Code).
Owed 3 months wages — can the employee quit immediately? Yes — Article 35.2(b) of the 2019 Labour Code allows unilateral termination of the labour contract without advance notice where wages are not fully paid or not paid on time.
How much is the employer fined for wage arrears? VND 10–100 million under Article 23.2 and Article 7.1 of Decree 283/2026 (organisations fined double), plus an order to pay all wages with interest. Do NOT cite Decree 12/2022 — it ceased to be effective on 10/9/2026.
Is your company facing a wage dispute, a strike, or in need of a labour-law compliance review? Reach us via the Contact page of FLAT Law Firm.
The information in this article is for reference only and does not constitute legal advice.
The legal content of this article is reviewed by the AI Legal Council of FLAT and submitted to the owner for approval before publication; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.