I. GENERAL PROVISIONS 1. This circular is applicable to workers who are working in State-owned companies, the accounting unit depends of the State company, limited liability company, 100% state capital (hereinafter the 100% capital State Enterprise) holdings under the provisions of Decree No. 112/2007/ND-CP.

2. Time to split the reward Fund balances, cash Welfare Fund as defined in article 19 of Decree 109/2007/ND-CP and the value of assets used for the production of business is investment by source of Funds, reward Welfare Fund specified in clause 4 article 14 of Decree 109/2007/ND-CP is the total number of years (full 12 months) actual work of workers in 100% state capital business that to determine the value of the business.

Part, of the total number of years of actual work to divide the balance the aforesaid fund due to business decisions.

3. Workers are buying stock with preferential price as defined in paragraph 1 Article 51 of Decree 109/2007/ND-CP is the person named in the list of the 100% capital State enterprise at the time of publication the business value, including: a) business management titles not subject to labor contract;

b) workers are working under employment contract does not specify the duration (including workers employed before January 30/8/1990 that haven't switched to the labor contract);

c) workers are working under employment contracts define the duration from 12 months to 36 months enough; seasonal employment contract or certain tasks have deadlines from 12 month to under-03-enough;

d) workers are postponed the implementation of the labor contract according to the provisions of the law, pending the decision of the Director of the enterprise.

4. Time to buy the shares with preferential price is the total time (measured in years, not 12 months, enough travellers) actually work in the area of State workers to announce the value of the business. This time does not include actual work time was calculated to buy shares with price incentives in equitizing businesses before that; the actual time worked has been calculated to enjoy retirement mode; the actual time worked has been calculated to support the social insurance.

5. The actual time worked in the public sector of workers to announce business value to buy the shares with preferential prices, including: a) the time the employees actually work at 100% state capital enterprise; State agencies, business units, units of the armed forces are paid from State budget sources;

b) paid time from 100% capital business source State, the State budget (training time, ...), enjoy social insurance regime (sick of pain; maternity; accidents, occupational diseases);

c) working time in the form of receiving securities product, volume of work during this time that the 100% state capital enterprises have paid salaries and have social insurance premiums for the laborer in accordance with the law.

6. Time of business valuation is the key time accounting, financial reporting to determine the value of the business.

7. Time of publication enterprise value on the competent authority's decision to announce the value of the business.

II. resolution of POLICY for EMPLOYEES at the TIME of PUBLICATION the BUSINESS VALUE When there is a decision of the competent authority of the value of business announced, steering the Steering Business capitalization Nest help the plans the employer (in the case of shares) the competent authority for approval in accordance with Article 54 of Decree 109/2007/ND-CP and resolve workers ' mode as follows: 1. employer plans a) Established the labor list of business capitalization at the time of publication the business value form 1 attached to this circular including:-not subject workers signed labor contracts (member of the Management Board, the members are dedicated to Control Board, the Director, Deputy Director, Chief Accountant of State companies; Members of the Board members, the Chairman of the company, the Director, Deputy Director, Chief Accountant limited liability companies by the State holds 100% of the capital);

-Labor work under employment contract does not specify the duration (including the recruitment of labour ahead on 30/8/1990 but not yet transferred to the labour contract);

-Labor work under labor contracts specify the time limit from 12 to 36 months, enough; seasonal employment contract or certain tasks have deadlines from 12 month to under-03-enough;

-Seasonal work labor or according to a certain job duration under 3 months.

b) Established a list of eligible workers retire (as stipulated in Decree No. 152/2006/ND-CP on 22/12/2006 Government's Guide to some articles of the law on social insurance compulsory social insurance) at the time of publication the business value;

c) Established the labor list will terminate the labour contract, include: the expiration of labor contracts; voluntary termination of employment contract or other reasons in accordance with the law at the time of publication the business value;

d) Established the labor list layout is not in employment at the time the Corporation announced enterprise value;

DD) Established the labor list will move on to work at the company, including:-the number of workers make labor longer term contracts (including the labor numbers are postponed the implementation of the labor contract) which is not subject to the provisions of point b, c, d paragraph 1 section II of this circular;

-The number of workers on holiday according to the mode of social insurance (sickness; maternity; accidents, occupational disease) that the employment contract is still the time limit.

List of labor from point a to point Ridin on these holdings by enterprises and aggregated into employer schemes according to form No. 2 attached to this circular.

2. Solve for policy workers a) for eligible workers retirement mode according to point b paragraph 1 section II of this circular, then Director of business holdings and the social insurance agency where business social insurance (social insurance agency) addressed the social insurance benefits for employees under the provisions of the law.

b) The case of termination of the employment contract under point c of paragraph 1 section II of this circular, the Director of equitizing businesses solve retrenchment mode for workers under the provisions of article 42 of the labor law (funding sources taken from the Reserve Fund of the job loss support 100% state capital business If missing then the suggested business State support under the guidance of the Ministry of Finance) and are responsible for complete procedure to social insurance agencies solve social insurance benefits for workers under the provisions of the law.

c) for employees not arranged employment under a d clause 1 section II of this circular, the following resolution:-employees subject to Decree No. 110/2007/ND-CP dated 26 June 2007 by the Government on policies toward workers redundant then addressed as stipulated in Decree No. 110/2007/ND-CP and circular No. 01/2007/TT-BLDTBXH on 10 Sep 2007 by the Ministry of labor, invalids and Social Affairs guidelines for implementing a number of articles of Decree No. 110/2007/ND-CP dated 26 June 2007 by the Government on policies toward workers redundant due to the reorganization of State-owned companies.

-Employees not subject to Decree No. 110/2007/ND-CP shall be entitled to the pension regime lost work according to the provisions of the labor code (article 17 of labour laws). The funds obtained from the Reserve Fund of the job loss support 100% state capital enterprise, if missing then the proposed state aid under the guidance of the Ministry of finance.

d) for the workers will move on to work at the company under clause 1/e points section II of this circular, the enterprise holdings is responsible for establishing the list and procedure to social insurance agencies continue to make social insurance regime and shared social insurance (if not yet level window) according to regulation and forward the list with profile of workers which businesses are managed for the Board or Director of the company.

Enterprise Holdings) is responsible for the payment of the debt on the social insurance agency for social insurance and payment of the debts with the workers before turning to a joint stock company.

III. IMPLEMENTATION 1. The responsibility of the Steering Committee of enterprise capitalization: a) directing the Director of business coordination with Trade Union Committee of the enterprise made dividing the reward Fund, a Welfare Fund for workers as prescribed;

b) steer the nest to help building the employer approach, determine the number of necessary labor according to the requirements of production, determine the number of layout is not labor employment, the number of workers to terminate employment contracts at the time of publication the business value, giving the Congress officials or Congress business employees retrieved comments , complete, the authority to approve and settle the Government policy with respect to the employees in accordance with the law;

c) within a period of 30 days from the date completed the labor policy Committee, Enterprise holdings is responsible for reporting the results of the business transfer 100% state capital into a joint stock company for the competent agency (model No. 3 attached to this circular). The report made 8 posts: approval agency holdings; The Ministry of labor, invalids and Social Affairs; The Ministry of finance; The Department of labor, invalids and Social Affairs; The Labor Federation, the central city where the headquarters of the business; The Central industry Union (if any); The social insurance agency where social insurance business; a saving in company shares.


2. social insurance agency where social insurance business is responsible for implementation of the regime, the social insurance policy according to the provisions of the law on social insurance and the provisions of this circular.

3. The Management Board, the employer of the company is responsible for: a) receiving employees đ account specified in point 1 section II of this circular and the entire relevant records of workers switching;

b) continue to implement the commitment in labour contract, collective labor agreement was signed earlier with workers under the provisions of the law;

c) Pay retrenchment, lost jobs for workers from the business 100% state capital transferred when employees that job loss, retrenchment in company shares, including subsidies for actual time worked at 100% state capital business before that and the time employees work in the company other units in the public sector but moved to 100% state capital companies before 1 January 1995 that not retrenchment, loss of job;

d) full implementation of the obligations of employers towards employees due to new careers Corporation.

4. The Department of labor, invalids and Social Affairs, innovation and business development of the ministries, provinces, central cities, innovation and business development of the economy of the State, the Corporation decided to set up by the Prime Minister are responsible for coordination with the Labor Union , city in Central, the Central sector Union instructions, tracking, check the implementation of the provisions of Decree No. 112/2007/ND-CP, and the laws concerned for workers; General situation and the report of the Steering Committee of innovation and business development (Government Office), Ministry of labor, invalids and Social Affairs and the Ministry of finance.

V. TERMS Of ENFORCEMENT 1. This circular has the effect after 15 days from the Post Gazette.

2. This circular replaces circular No. 13/2005/TT-BLDTBXH dated 25 February 2005 of the Ministry of labor, invalids and social policy implementation guide for workers under Decree No. 187/2004/ND-CP dated 16 November 2004 by the Government on transfer of State-owned companies into joint stock companies.

In the process of implementation have arisen, the proposal reflects on the Ministry of labour, invalids and Social Affairs to study the resolution./.