CIRCULAR of the MINISTRY OF LABOR, invalids and SOCIAL AFFAIRS labour guidelines and policy for the employees in the pilot to move some State enterprises into joint-stock companies in accordance with decision 202/CT on 8 June 1992 by the President of the Council of Ministers To tackle the problem of labor and the policies for workers in point 7 section II a project to convert a the number of State enterprises into joint stock companies attached to decision No 202/CT on 8 June 1992 by the President of the Council of Ministers, the Ministry of labor, invalids and Social Affairs Guide to some specific points as follows: i. LABOR and the LABOR POLICY BEFORE PROCEEDING with PRIVATIZATION of STATE ENTERPRISES 1. Labor Council to re-evaluate the entire existing labour team of business including quantity and quality, including labor force are doing a contract in the business. The composition of the Council composed of representatives of the business and the relevant authorities (if business is due to the President of the Council of Ministers permit pilot equitization, the Council consists of the Ministry of labor, invalids and Social Affairs, the Ministry of finance, the General Federation of labour and the Ministry). If the business due to the Minister of finance for permission to do a pilot authorized by the Chairman of the Council of Ministers shall include agencies of the province (or central cities) such as labor, invalids and Social Affairs, finance, labor unions or Union branches (if any), Property owner The Council reviews the labour Business Director as Chairman.
The State allows businesses to adopt the reorganization of labor according to the decision of the Board of HĐBT/176 Ministers issued on 9-10-1989 and the circular guide enclosed.
2. The policy-for those workers to retirement age, continuing to solve the pension regime according to the policy specified in point 3 of section C of decision 182/HĐBT and circular No. 18/LĐTBXH 21-10-1989.
-The workers in need please transfer the work, shall be resolved according to the aspirations and the enterprise is responsible for provision of funds for transport, money train car to the new workplace.
-The workers that businesses identified as redundant, then resolve as retrenchment mode and support 1 times according to the policy specified in point 3 a decision of 176/HĐBT.
Funds to settle for those quitting the business, take 50%, 50% support State under the guidance of the Ministry of finance; business case too hard, equitization Steering Committee will make recommendations to the State text add support.
-The remaining Welfare Funds, property and public welfare work should be inventory value. Council business inventory value. Council business inventory has the oversight of agencies: financial, labor, invalids and Social Affairs, the Labour Federation. The value of this property (excluding homes, architectural objects have separate instructions) will be split for the entire employees are working in the business as of the time of conducting the holdings. The business conduct of the Congress to extraordinary officials decided to form the Division of benefits and property values for the stars secured legitimate rights of employees that they have contributed to build.
 
II. LABOUR and POLICIES TOWARD EMPLOYEES when the BUSINESS was TRANSFORMED into a JOINT STOCK COMPANY When State enterprises were transformed into joint stock companies in the enterprise labor to labor contracts.
1. Labor contracts to secure the rights for workers, the responsibility of the employers, hired workers and employees, the business signed a contract according to the Ordinance on labour contracts issued on 30 August 1990 of the Council of State and the decree 165/HĐBT of the Council of Ministers issued on 12-5-1992 detailing the implementation of the Ordinance a contract labor.
a. business is the right selection of labor for production development requirements, but must first prioritise the labor contract with workers who are working in the enterprise when stock.
b. policies for workers under labor contracts are applied as follows:-the labor did in the business before the present capitalization continues to sign labor contracts with the company shares with the incremental time to enjoy social insurance regime.
-The workers have worked in business before shares or administrative area entrance, new career got retrenchment (once) under the current regime (in the decision/HĐBT, HĐBT 111/178) further the labor contract with the Corporation before that time will not be incremental to enjoy social insurance regime.
-The workers have worked in the Enterprise prior to privatization, continued labor contract with company shares, after the expiration of the labor contract shall be based on specific reasons to settle.
+ Eligibility to retire then enjoy retirement regime under current rules.
+ Due to the loss of labour power (through medical examiners), shall be entitled to vacation and lost labor regime under decision 173/dated 9-10-1989. Cases terminated labor contracts not because of the two reasons above, then the mode for the workers to be resolved according to the decree 165/HĐBT said in point 1 section II above.
2. When wages were transformed into joint stock companies, to ensure business continuity, normal production, during which time has not made the signing of labor contracts, corporate salary regimes, such bonuses, guarantee to maintain the level of income for the employees to a minimum , with the level at the time before privatization. When the employment contract is signed, the wages of the workers, employees in the enterprises will enjoy a labor contract. The enterprises by the Chair of the Council of Ministers decided to make capitalization registered salaries and average income of the enterprises (including salary, bonus) according to the instructions of the Ministry of labor, invalids and Social Affairs (sea side attached).
3. collective labour agreement three months after moving into joint-stock companies and enterprises signed labour collective agreement in writing between the employee and the collective employers about the rights, responsibilities, obligations of the two sides in labor relations. While the State has not promulgated the Ordinance on collective agreement, enterprises are allowed to apply try signing the collective labour agreement No. 644/LĐTBXH-on FUCKING-6-4-1991 of the Ministry of labor, invalids and Social Affairs (there is a sample attached).
4. dispute resolution process of Labor In the labor activity, if happen what issue of personal disputes with business workers, the dispute resolution process will follow the decree 165/HĐBT mentioned above.
The labor dispute arises due to implementation of the collective labour agreement, the sequence will be: a. collective labor disputes caused by the following organizations: + solving labor mediation board basis or mediator of labor agencies for those businesses do not have mediation Council.
+ Labor Arbitration: is labor arbitration in the province, the central cities; the Central referee.
b. resolution process:

-The mediation board or mediator to resolve the labor dispute within 15 days of receiving the application. Within the time limit on, if you see no possibility of mediation, the mediation Council, the mediator shall report in writing to the competent labour authority nominated representatives do more mediation.
+ The case into mediation, the mediator, the mediator set the minutes of the mediation, the mediator thereon signed by mediators, the President and the Secretary of the Board of mediation, the labour authority shall be competent medical standard, why send the parties to the dispute. Within 10 days, if not the party would change the opinion, or the competent authorities do not oppose the effect thereon, the law.
+ No mediation cases, the records are transferred to the labour arbitration board have jurisdiction within 3 days of record-setting to solve.
-Labour arbitration board have the jurisdiction to resolve the labor dispute within 20 days from the date of the profile service. The decision of the Arbitration Board is sent to the parties to the dispute and the competent body within 3 days from the date of the decision.
Within 10 days of the decision or mediation, if the parties do not change my opinion or complaint, the Agency has the authority not to oppose, protest, denounced the decision to have the rule of law.
The Central referee's decision is final. In the case of the Central Arbitration Council not be the decision or the decision complained of or appeal the dispute is moving the Party Secretary of labor, invalids and Social Affairs.
The minutes of the mediation, the decision of the labour arbitration board was in effect the law must be enforced immediately.
5. Labor Protection To ensure employees have the right to work in safe conditions, sanitation, enhancing the responsibility of the employers and employees, enhance the effectiveness of State and labor protection, aimed at preventing labor accidents, occupational diseases and gradually improving labour conditions businesses and employees are responsible to perform labor protection under labor protection Ordinance of the Council of State issued on 10 September 1991.
6. social insurance When there is social insurance Ordinance, corporate responsibility, social security under the Ordinance. Before enterprises pay social insurance for workers under current rules: pay 15% of the total funds the salary of employees into the social insurance fund as defined in article 1 of decision No. 40, dated 16-3-1988 of the Council of Ministers consists of 10% for social insurance systems by the Agency Of Vietnam Labor Union management. The organization collecting the social insurance funds is done according to circular No. 09/TT-LB 16-6-1989 of the Ministry of finance-labor-invalids and social.
Workers are entitled to social insurance mode as follows: sickness, maternity; the mode of labor accidents, occupational disease; energy-loss mode; retirement mode and the mode of burial, productivity. The extent and rate of social insurance of the regime made according to current rules.
III. IMPLEMENTATION 1. The Ministry of labor, invalids and Social Affairs sent officers down to the business of making pilot equitization by decision of the President of the Council of Ministers to guide the deployment of this circular.
2. This circular also applies to businesses of the Ministry and the provincial people's Committee, the central cities suggest was the President of the Council of Ministers delegated to the Minister of finance allows is the piloting equitization.
3. This circular takes effect from the date of signing. In the process, if there are obstacles to recommend timely reflect the industry to the Ministry of labor, invalids and social research.