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Circular 19/2004/tt-Bldtbxh: About Guiding The Implementation Of A Number Of Articles Of Decree 41/2002/nd-Cp Dated 11/4/2002 Of Policy Against Redundant Workers Due To The Reorganization Of State Enterprises Have Two O. ..

Original Language Title: Thông tư 19/2004/TT-BLĐTBXH: Về việc hướng dẫn thi hành một số điều của Nghị định 41/2002/NĐ-CP ngày 11/4/2002 về chính sách đối với lao động dôi dư do sắp xếp lại doanh nghiệp Nhà nước đã đư...

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CIRCULAR of the MINISTRY OF LABOR, invalids and SOCIAL AFFAIRS guidelines for implementing a number of articles of Decree No. 41/2002/ND-CP dated 11/4/2002 the Government labor policy redundant due to the reorganization of State enterprises has been modified and supplemented in Decree No. 155/2004/ND-CP dated 10 August 2004 of the Government implemented Decree No. 41/2002/ND-CP 11/4/2002 the Government labor policy redundant due to the reorganization of State enterprises has been modified and supplemented in Decree No. 155/2004/ND-CP on 10/8/2004 of the Government (hereafter referred to as Decree No. 41/2002/ND-CP was amended and supplemented), after the opinion of the Ministry of the relevant departments and the Vietnam General Confederation of labor, the Ministry of labor, invalids and Social Affairs guide as follows: i. the scope, subjects of application 1. Scope is the State companies as defined in article 1 of Decree No. 41/2002/ND-CP has been modified, added, include: a. the State company performed restructuring according to the provisions of article 18 of the labor code, including:-State company, subsidiary of independent accounting State Corporation by the State investment decisions and established ( The State Corporation by the State investment decisions and established hereafter referred to as the Corporation) was the Prime Minister decided to approve of the overall approach arrangement, renovation of State enterprise of the Ministry of industry, province, and city in Central and the Corporation;
-Business units of the company implemented restructuring be competent State agencies;
-Company shares are converted in the form of shares from State-owned companies, the accounting unit depends of the State companies, subsidiaries, independent accounting, accounting unit dependent of Member company independent accounting Corporation, have been restructuring the company Board decided to approve and appropriate State agencies the right of confirmation within 12 months from the date of being granted a certificate of registration under the enterprise law (hereinafter the "joint stock companies in 12 months).
b. the State company performed restructuring according to the modifications property, include:-State company, the accounting unit depends of the State companies, subsidiaries, independent accounting, accounting unit dependent of Member company independent accounting company transformed into joint-stock companies;
-State company, a subsidiary of independent accounting company made delivery to the collective of workers;
-State company, a subsidiary of independent accounting company made the sale;
c. State company performed restructuring under the form of reorganization, including:-State company, the company's independent accounting members in the Corporation made a merger, amalgamation, Division, separation;
-State company, a subsidiary of independent accounting company transformed into limited liability companies state a membership or limited liability company, two members;
-State company, a subsidiary of independent accounting company made stock trading, leasing;
d. State company, a subsidiary of independent accounting accomplished Corporation bankruptcy, dissolution;
Sync State company; the company's independent accounting members in the Corporation transformed into business units;
e. Member companies by the State company holds the entire capital stock of the Corporation operated under the model of the parent company-subsidiary taken restructuring as defined in the a, b, d and DD say in point 1;
f. State forestry, farm reorganization under resolution No. 28/NQ-TW on 16/6/2003 of the Politburo about the arrangement continued, innovation and development of agricultural, forestry and State schools;
g. State companies perform other forms due to the decision by the Prime Minister;
h. State company belonging to political organizations, social-political organizations led by the Chairman of the provincial people's Committee, the central cities, the Minister of Economics-management techniques of business administration decided to turn into a limited liability company membership or limited liability company, two members or transformed into joint stock companies operating under the enterprise law.
(State company, the accounting unit depends of the State companies, subsidiaries, independent accounting, accounting unit dependent of Member company independent accounting Corporation hereafter referred to as the company).
(Company, business units of the company, state farm, state forestry here referred to as units).
2. The unit implemented restructuring measures as specified in point 1 above is the competent State agencies for approval or certification schemes to rearrange workers due to restructuring in the period from 26/4/2002 (the time of effective enforcement of the Decree No. 41/2002/ND-CP) to end on December 31, 2005.
For the unit was dissolved, bankrupt, then taken on State authorities have the jurisdiction to decide on dissolution or bankruptcy business effect but must in time from day 26/4/2002 to 31/12/2005.
For the business units of the company; Agriculture, forestry, the State-owned school applies computer time from the effective date the implementation of Decree No. 155/2004/ND-CP on 10/8/2004 of the Government (6/9/2004) to the end of the day 31/12/2005

3. the competent State agency approval unit is restructuring the competent authorities decided to set up, reorganized, merged, merge; the decision to transform and diversify the ownership, management, was implemented according to the current rules. For the unit was disbanded, bankruptcy is not restructuring schemes which browser base decided to dissolved or declared bankrupt unit of the competent bodies.
For private company shares are converted from companies with operating time not exceeding 12 months from the date of certificate of business registration according to the corporate law by the Board of the company decided to stock option restructuring under the Charter of the company and certified by the competent State agency decision to transfer the company success company shares. The case of the company transformed into joint-stock companies under the Prime Minister's decision, the Agency confirmed ministries for the company in the central ministries; The people's Committee, the central cities for local management company; The Board Of 91 companies for the company management Corporation.
4. redundant workers perform labour contract does not specify the time limit prescribed in article 2 paragraph 1 of Decree 41/2002/ND-CP has been modified, including additional redundant workers were recruited to work in the unit before July 30/8/1990 (as have enforceable labor contracts Ordinance) but at the time of reorganization still not yet taken signed the labor contract in writing.
5. The employee named in the list of the units specified in point b of paragraph 1 article 2 of Decree No. 41/2002/ND-CP has been modified and supplemented as workers were recruited to work under employment contract does not specify the time limit or define the duration from 12 months to 36 months that enough at the time to rearrange subdivisions , the workers and the employers not to terminate the labor contract according to the regulations of the labour law.
6. time for the recruitment of workers as defined in article 2 paragraph 1 of Decree No. 41/2002/ND-CP has been modified, additional specific rules are as follows:-for employees working in the unit, then the agency recruiting time is calculated from the start of work in the public sector.
-Where workers have no time to work in agencies, the unit, the recruitment time is calculated as the time for the last employment work continuously in the unit.
For example, Ms. Naik A has the process works as follows:-phase 1: on 20/6/1976 was recruited to work (the first time) in State companies and constantly working on 20/6/1992.
-Stage 2: on 1 July 1992 was recruited to work in 100% foreign-owned businesses and work constantly to 15/9/1995.
-Phase 3: on 25/10/1995 was recruited to work in State-owned companies and constantly working on this business to implement restructuring and have decided to leave.
As such, the time of recruitment in the public sector of Ms. Naik A calculated time of recruitment for the last time was on 25/10/1995.
7. for employees or officers, public servants, officers at business units in the corporation subject to applicable by Decree No. 41/2002/ND-CP has been modified and supplemented as prescribed for redundant workers in State-owned companies when implementing restructuring measures If the time of recruitment in the public sector before July 21/4/1998. Public servants in the business units in the Corporation was entitled to the regime as workers are taken back to the employment contract does not specify the time limit.
Cases of leading cadres by the Agency appointing authority that redundant made under resolution No. 9/2003/NQ-CP dated 28/7/2003 by the Government on amendments and supplements of resolution 16/2000/NQ-CP on 18/10/2000 of the Government on the essential payroll reductions in the agencies , business units.
8. for workers making the forest land of the agricultural, forestry and State schools if made to terminate labor contracts are settled according to the provisions of article 42 of the labour code and the writing guide was created by (model 10b attached to this circular).
The salary is made according to the provisions of Decree 114/2002/ND-CP dated 31/12/2002 of Government detailed rules and guidelines for implementing a number of articles of the labor code on wages.
Working time for retrenchment was made under the provisions of Decree 44/2003/ND-CP on 9/5/2003 of Government of detailed rules and instructions for the implementation of some articles of The labor law on labor contracts.
II. the labour policy redundant 1. Policies for redundant workers are making the labor combination did not specify the time limit stipulated in article 3 of Decree No. 41/2002/ND-CP has been modified, added, now specifies as follows:

a. enough workers 55 years to under age 60 for men, age 50 to 55 years old for women, under the time close enough social insurance for 20 years and older are retired, not excluding percent pension due to retirement before the age under the provisions of the Charter the social insurance also, enjoy more the following subsidies: a1. Support 3 months salary for the rank, position, salary allowance (if any) are affected for each year (full 12 months) before the age of retirement. The case of the odd month calculated the subsidy as follows: + If enough 6 months back down 01-subsidized wages rank, position, salary allowance (if any);
+ If over 6 months to under 12 months support 2, salary level, position, salary allowance (if any).
A2. Support level 5, salary level, position, salary allowance (if any) are entitled to 20 years early have social insurance premiums.
A3. From the 21st year onward, for every year of work has social insurance allowance 1/2 month salary for the rank, position, salary allowance (if any). Case, travelers are in principle on 6 may be counted as a year, enough for 6 months and under do not count.
Time to calculate the subsidies affected more as specified in a2, a3 details a point 1 this section is based on the closed time of social insurance (including time working in the public sector is considered to have close social insurance) under the provisions of the law and was decided on the holiday.
Wage and salary allowances to a policy as stipulated in Decree No. 41/2002/ND-CP has been modified and supplemented as the salary level, position and salary allowances stipulated in Decree No. 26/CP dated 23/5/1993 of the Government of the temporary regulations of new salary mode in enterprises , Decree No. 25/CP dated 23/5/1993 of the Government of the temporary regulations of new salary mode of public servants, administrative officials and the armed forces.
Case workers have yet to move salary arrangements made to transfer salary arrangements prescribed in the above-mentioned Decree.
The allowances are calculated including: allowance allowance, Office area (if available).
For the 12-month stock company, wage and salary allowances (if any) are calculated at the time the company was granted the certificate of business registration under the enterprise law.
The minimum wage as a base for the calculation of the grant for the object specified in detail a point 1 this item is a minimum wage stipulated by the Government (the current 290,000 VND/month).
Example 1: Mr. Nguyen Van A car worker, at the time the decision was enough at age 4, 56; There are social insurance period is 25 years 8 months; the coefficient of salary level are entitled to 2.84 (ranks 6, group II salary salary scale in a. 1 mechanical, electrical, electronics-informatics); 0.5 area allowance; the minimum salary is 290,000/month. He A was entitled to the mode as follows: + the rate of pension is calculated:-15 years head count by 45%;
-From the 16th to the 26th year year is 11 years (25 years 8 months are counted as 26 years under the provisions of Decree No. 19/2003/ND-CP on 9/1/2003.
(11 x 2% = 22%);-the rate of pension is: 45%% + 22% = 67%. + pension due to retirement before the age:-salary and salary allowance level 1:290,000 Dong (2.84 + 0.5) = Bronze 968,600-number months are entitled to subsidized regime: to retire before the age of 3 years 8 months: (3 years 3 months/year x + 2) = 11, Have 20 years early have close social insurance = 5 months From the 21st year onward have close social insurance = 3 months (5 years 8 months to 6 years x 1/2)-19-Plus the amount of support: 18,403,400 (968,600/month x 19) b. enough workers retirement age under the provisions of the labor law, but also lack of time social insurance premiums for the missing months at 15%, wages at the time of retirement age and retirement settlement under the current regime, including the following: b1. Nam 60 years old, female age 55 have social insurance time enough for 14 years to under 15 years.
Example 2: Mr. Nguyen Van B product delivery workers at the time of the holiday has enough age 60; have enough social insurance premiums for 14 years; salary multipliers are affected 2.73 (ranks 6, salary scale, salary group a. 15 food, food processing); minimum salary 210,000/month. Mr. B was the State support the next social insurance for 12 months with 15% of the salary base monthly social insurance and procedures to solve retirement regime under current rules.
+ A month's salary as a base of social insurance: 210,000 VND x 2.73 = 573,300 copper + social insurance plays a times: Dong x 573.3000 (15%) x 12 months = 1,031,940. + the rate% pensions are entitled is 45% (has 15 years of social insurance premiums). b. 2. Male female age 55 enough 50 years old, have enough 15 years doing the hard skills job, profession, toxic or enough 15 years working at the regional level where the coefficient of 0.7 or 10 years of actual work enough in the field B, C before 30/4/1975, the field K ago 31/8/1989 time close enough social insurance 19 years to under 20 years.

Example 3: Mr. Nguyen Van C cooking kitchen workers at the time of the holiday has enough 55 age: 19 years 6 months, enough close social insurance; salary multipliers are entitled to 2.07 (tier 5, group II salary, wage, a. 20 eating); minimum salary 210,000/month. Mr. C is State funding next social insurance once for 6 months with 15% of the salary base monthly social insurance and procedures to solve retirement regime under current rules.
-A month's salary as a base of social insurance: 210,000 VND x 2.07 = 434,700 Council-social premiums at a time (15%) x 6 x months 434,700 = bronze 391,230-rate pension is: 15% first year by 45% From the third year 16 to 20 years are charged an additional 10% (5 year 2% per year; 5 in x 2%)
The rate of pension is 55% (% 45% + 10%). b3. Male age 50, women 45 years old had enough time with enough social insurance premiums 19 years to under 20 years that impaired the ability of labor from 61% or over.
B4. Workers (regardless of age) at least 15 years in the profession or special heavy work, especially toxic has enough social insurance premiums 19 years to under 20 years that impaired the ability of labor from 61% or over.
c. redundant workers not subject to regulation in details a and b point 1 above, the implementation of the labor contract disputes and affect the mode as follows: c1. Loss of job subsidies are calculated according to the actual time worked in the public sector, for every year (full 12 months) 01-subsidized wages rank, position, salary allowance (if any) are entitled but also lowest in 2 months salary, salary allowance are entitled.
C2. Support more 1 month salary rank, position, salary allowance (if any) are affected for each year (full 12 months) the reality of working in the public sector and subsidized once with 5 (five) million.
The actual time worked in the public sector, including: time of actual workers working in State enterprises; State agencies, business units, units of the armed forces are paid from State budget sources (hereinafter collectively in the public sector);
All paid time from State enterprises, the State budget, social insurance regime (training time, vacation, sickness, maternity ...);
Working time in the form of receiving securities product, volume of work during this time that businesses have paid salaries and have social insurance premiums for the laborer in accordance with the law.
For joint-stock companies operating in the 12 month period of practical work in the public sector up to date certificate of business registration under the enterprise law.
Time to enjoy subsidized mode job loss is the total actual time worked in the public sector (incremental) and from the time of starting work for the first time to have decided to leave. In the total actual time worked in the public sector have to subtract the time workers got subsidized job loss, retrenchment, or discharge mode.
If the actual time worked in the public sector has, travellers are defined as follows: + Under 1, don't count;
+ From insufficient 1 month to under 7 months is calculated by actual work + 6 months From April 7 to 12 months under enough in 1 year practical work.
C3. Once subsidies go to find work is 6 (six) months of salary rank, position, salary allowance (if any) are affected. If there is demand, the apprenticeship is an apprenticeship is free for a maximum of 6 months. Vocational facility by the Department of labor, invalids and Social Affairs.
In addition to the mode specified in c1, c2, c3 details c point 1 of this section, employees also enjoy the retirement standby; reserve the time had close social insurance; social insurance benefits once under current rules.
Wage and salary allowances to implement policies toward workers under the provisions of paragraph 3 of article 3, article 4 of Decree No. 41/2002/ND-CP has been modified, additional is applicable as specified in a point 1 of section II of this circular.
For joint-stock companies operating in 12 months, the wages and salary allowances (if any) are calculated at the time the enterprise was granted the certificate of business registration under the enterprise law.
The minimum wage as a base for the mode attribute of the objects referred to in point 1 and point 2 c weather section II of this circular, made according to the provisions in clause 2 article 6 of Decree No. 03/2003/ND-CP dated 15/1/2003 of the Government on the adjustment of salaries, benefits and renewing a salary management steps , specifies the following: – subsidies for job loss of working time before 1/1/2003, the minimum wage is calculated according to 210,000 VND/month.
-Loss of job subsidies for the working time from 1/1/2003 onwards be charged the minimum salary is 290,000/month; subsidized employment, 70% of the wages for the remaining months have not made contract labour has committed, calculated the minimum salary is 290,000/month.
The case of the odd month is calculated as specified in point 1 c of section II of this circular.

Example 4: Mr. Nguyen Van D head repair workers and train wagon, at the time the decision was enough at age 54; to have the actual time worked in the public sector is 30 years 7 months (including from the date 1/1/2003 has 1 year 2 months); There are 3.05 wage coefficient (ranks 6 Group III, salary wage scale a. 1 mechanical, electrical, electronic, informatic). Mr D enjoyed the mode as follows:-salaries and allowances salary ranks a month before 1/1/2003.
210,000 Dong x 3.05 = 640,500 Council salaries and allowance ranks a month salary from the date 1/1/2003 290,000 Dong x 3.05 = 884,500 Council-job loss grant calculated according to actual time worked before 1/1/2003 was 29 years 5 months, conversion calculator, travelers is 29 years 6 months of practical work.
bronze, 29.5 x 640,500 = 18,894,750 job loss grant calculated according to actual time worked from 1/1/2003 is 1 in 2 months, conversion calculator, travelers is 1 year 6 months of practical work.
884,500/month x 1.5 months = 1,326,750 Council of the total amount of subsidy job loss: 20,221,500 copper (copper + copper 1,326,750 18,894,750)-grants more time actually working before 1/1/2003.
640,500/month x 29.5 months = 18,894,750 more grant calculated according to actual time worked from 1/1/2003.
884,500/month x 1.5 months = 1,326,750 Council of the total amount of the additional allowance calculated according to actual time worked: 20,221,500 copper (copper + copper 1,326,750 18,894,750)-a one-time subsidy: 5 million copper-grants go to find work: 884.500 VND/month x 6 months = 5,307,000 contract total amount received: 50,750,000 Dong (VND VND 5 million + 20,221,500 + 20,221,500 + 5.307.000).
-Enjoy social insurance regime under current rules.
Example 5: Mr. Nguyen Van E workers build roads at the time the decision was enough at age 54; to have the actual time worked in the public sector is 27 years 7 months (including from the date 1/1/2003 has 2 years 3 months); have a wage coefficient 3.45 (steps 7, group II salary, salary scale a. 6 construction). Mr. E has enjoyed subsidized regime lost work is 15 years. He E enjoy the mode as follows:-salaries and allowances salary ranks a month ago on 1/1/2003 210,000 Dong x 3.45 = 724,500 Council salaries and allowance ranks a month salary from the date 1/1/2003 290,000 Dong x 3.45 = 1,000,500 copper-actual time working are entitled to the pension regime : 27 years 7 months-15 years = 12 years 7 months – job loss grant calculated according to actual time worked before 1/12003.
724,500/month x 10.5 months = 7,607,250 job loss grant calculated according to actual time worked from 1/1/2003.
2.5 x 2,501,250 = month 1,000,500 copper total job loss grant: 10,108,500 copper (copper + copper 2,501,250 7,607,250)-grants more time actually working before 1/1/2003 724,500/month x 10.5 months = 7,607,250 more grant calculated according to actual time worked from 1/1/2003, 2.5 x 2,501,250 = copper 1,000,500 total grants more time actually doing work: 10,108,500 copper (copper + copper 2,501,250 7,607,250)-a one-time subsidy is: 5 million copper-grants go to find work is: x 6 months = 6,003,000 1,000,500 bronze – total amount received: 31,220,000 (10,108,500 + 10,108,500 + 5 million VND VND VND VND 6,003,000 +).
-Enjoy social insurance regime under current rules.
C4. The missing workers a maximum of 5 years retirement age under the provisions of the labor code (male 55 years enough to under 60 years old, female 50 years old to under 55 years old) and have enough social insurance 15 years or older that have not received social security subsidies, as defined in point d of article 3 paragraph 3 of Decree No. 41/2002/ND-CP has been modified supplements, now specifies as follows: + enjoy the policy prescribed in the c1, c2 c weather point 1 of section II of this circular.
+ Be closed next monthly social insurance with a 15% salary until full retirement age prescribed (age 60 for men, 55 for women) are entitled to monthly pensions according to the current rules.
Salary as a base of social insurance is the salary as a base of social insurance premiums before the holiday, including: wages rank, position, position allowances tool allowance, the area, the coefficient difference reserve salary according to the minimum wage prescribed by the State at the time of submission of social insurance.
+ Next time social insurance from the date of the decision.
+ Record, the procedure closes the next social insurance made under the guidance of social insurance in Vietnam.
+ Self next time in social insurance, if the worker died, the relatives are entitled to a death dog mode according to the current rules.
Example 6: Mr. Nguyen Van F bridge construction workers at the time the decision was enough 57 years; the actual working time in public 17 years 6 months (which counted from 1/1/2003 and 6 July); There are 3.05 wage coefficient (ranks 6, salary group III a. 6 construction); area allowance 0.4. He F subject to social insurance next until full retirement age (60 years) are solved the following modes:-salary and salary allowance ranks a month ago on 1/1/2003 bronze 210,000 x (3.05 + 0.4) = 724,500 Council salaries and allowance ranks a month salary from the date 1/1/2003 290,000 VND (3.05 + 0.4) = 1,000,500 Council-grant lost work time the actual time worked before 1/1/2003

724,500/month x 17 = 12,316,500 grant lost work according to the actual time worked from 1/1/2003 1,000,500 copper, 0.5 x = total copper 500,250 grants job loss: 12,816,750 (DD 12,316,500 + 500,250)-grants more time actually working before 1/1/2003 724,500/month x 17 = 12,316,500 grant more time practical work from 1/1/2003 1,000,500 copper, 0.5 x = total copper 500,250 grants more time reality: 12,816,750 (DD 12,316,500 + 500,250)-grant once was: 5 million copper-total amount to be received is: 30,633,500 (12,816,750 + 12,816,750 + 5 million VND VND VND)-Mr. F social insurance next to 3 years (36 months); the level of the monthly social display: Dong x 15% = 1,000,500 150,075 Council 2. The policy for workers made redundant labor contracts specify the time limit from 12 to 36 months the full provisions of article 4 of Decree No. 41/2002/ND-CP has been modified and supplemented now specifies as follows: a. the subsidized job loss for every year of practical work in the public sector is 1, the salary level allowance and salary position, (if any).
b. 70% subsidized wages rank, position and salary allowances (if any) for the remaining months haven't made out labor contracts have committed, but must not exceed 12 months.
The actual time worked in the public sector are regulated in detail c of point 1 of section II of this circular.
Example 7: Mr. Nguyen Van G gravel, sand mining workers make labor contracts have limited time is 3 years, at the time of the implementation of the new labor contract is 12 months, 24 months remaining unfinished labor contracts have committed, but as a rule only be entitled to a maximum of 12 months. So Mr. G only support (70% x 12 months) the salary level and salary allowances (if any).
c. lack of workers a maximum of 5 years retirement age under the provisions of the labor code (male 55 years enough to under 60 years old, female 50 years old to under 55 years old) and have enough social insurance 15 years or older that have not received social security subsidies, as defined in paragraph 3 article 4 of Decree No. 41/2002/ND-CP has been modified supplements, now specifies as follows: + enjoy the policy prescribed in detail a detail b, above.
+ Be closed next monthly social insurance with a 15% salary until full retirement age prescribed (age 60 for men, 55 for women) are entitled to monthly pensions according to the current rules.
Salary as a base of social insurance is the salary as a base of social insurance premiums before the holiday, including: wages rank, position, position allowances, regional allowances, chệnh coefficient difference reserve salary according to the minimum wage prescribed by the State at the time of submission of social insurance.
+ Next time social insurance from the date of the decision.
3. Workers got subsidized regime lost work as defined in paragraph 3 of article 3 of Decree No. 41/2002/ND-CP has been modified and supplemented if was recruited to the company for retrenchment or companies, other agencies in the public sector or agriculture forestry, forest land allocation must then refund the amount of the subsidy under the provisions of article 5 of Decree 41/2002/ND-CP has been modified, the supplements that are specifically as follows: a. employees are re-recruited to the company for retrenchment, companies, other agencies in the public sector including : State company, limited liability company, a Member State, the limited liability company has two members, state farm, state forestry agencies, units are paid from State budget sources (or are state farm, state forestry land forest,) then must submit a copy of the decision to break the influence of the labor policy redundant due to the reorganization of State enterprises and the amount of additional assistance as defined in point b of article 3 paragraph 3 of Decree No. 41/2002/ND-CP has been modified, in addition to the use of labour (1st, salary level , position, position allowances, allowances for each area in fact work in the public sector and 10 million).
b. companies, agencies, units have the responsibility for collecting the pension amount that workers have filed to file about the Labor Fund supports redundant provisions of the Ministry of finance.
III. Funds paid: funds to pay for the mode workers redundant are made according to the provisions of article 7, article 8 of Decree No. 41/2002/ND-CP has been modified, added and the text direction of the Ministry of finance.
IV. Implementation: 1. The responsibilities of the unit: the unit conducts labour and rearranging to solve for mode of labor redundant provisions of article 9 of Decree No. 41/2002/ND-CP has been modified, additional responsibility to follow the following sequence: a. advocacy organization advocates , the policy of the party and the State for continuing to arrange, innovation, development and enhancement of efficiency of State enterprises and labor policy redundant workers to understand the policies of the party and State.
b. build the sort of labor projects.

The unit conducting structured sentence construction, in which the labor arrangements, projects are carried out according to the following steps: step 1. Make a list of all the employees of the unit at the time of restructuring as defined in article 1 of Decree No. 41/2002/ND-CP has been modified and supplemented (model 1, model No. 1b for agricultural, forestry school attached to this circular), including:-the number of workers being paid work and social insurance or social insurance (not including the number of employees seasonal work or activity in a certain job for which the time limit under a year).
-The number of workers but has yet to have a name in the list of units, paid or not paid, have social insurance or social insurance no.
Step 2. Determine the number of workers needed to use and redundant workers as follows:-for the 100% capital holding unit and the unit converted to a limited liability company members: determine the number of workers needed to use on the basis of option trading-production, production technology of the product machinery, equipment, labor norms towards developing and with interest, the competent State agencies; of the remaining workers is the labor needs no use;
-For units made the sale, lease and rental business units, the number of workers needed to use is the number of workers under the agreement between the two parties (sale and purchase, lease and receive securities, leasing and renting) is recorded in the contract of sale, lease or rental of the business; of the remaining workers is the labor needs no use;
-For units perform stock during the period from 26/4/2002 expired on December 31, 2005, the number of workers needed to use based on the privatization plan has been the competent State agencies approve, the rest is labor of labor needs no use;
-For company shares are converted from companies with operating time not exceeding 12 months from the date of certificate of business registration under the enterprise law, when implemented restructuring if there are workers from State enterprises move to the layout is not defined, then the job is labor needs no use;
-For units implementing the merger, consolidation, the number of workers needed to use based on the merger, the merger has been approved by the competent authority, of the remaining workers is the labor needs no use;
-For units made for units delivered form the collective labor of the workers need to use is the number of existing workers of enterprises, except for those who voluntarily terminates the labor contract and Trade Union Committee of the enterprise or the provisional Trade Union Committee, or if no provisional Trade Union Committee of the Congress members officials elected representatives determine the number of workers do not have the need to use.
Employees have no need to use specified in step 2 above are classified in two types: number of employees recruited before April 21/4/1998 is made redundant labour regime as stipulated in Decree No. 41/2002/ND-CP has been modified and supplemented; the number of workers recruited from 21/4/1998, is made according to the mode specified by the Ministry of labor law;
-For businesses that make dissolution, bankruptcy, then the whole of labour in the list of enterprises to be recruited before the day 26/4/2002 was a policy as stipulated in Decree No. 41/2002/ND-CP has been modified and supplemented. The number of workers recruited from 26/4/2002 be resolved as specified by the mode of labor laws.
Step 3. Make a list of labor need to use (model No. 2 attached to this circular), the number of labor needs no use (model No. 3 attached to this circular).
Step 4. Business cooperation with the Executive Committee of the trade union organization officials to Congress for comments on list of Labor (from No. 1 to no. 3 sample form).
Step 5. On the basis of the opinion of the Congress of employees, complete business plans sort of labor and the competent authority specified in point 5 section IV of this circular, for approval. Your browser records do 6 sets, each set consists of:-the text recommended approval of labor arrangements (model No. 4 attached to this circular)-labor rearrangement projects (model No. 5, 5b model for agriculture, forestry school attached to this circular),-the list of labour has been classified (from No. 1 to no. 3 sample form attached to this circular).
Private unit for dissolution, bankruptcy is not browser business restructuring projects which only browser option labor arrangements (model số1, 3 attached to this circular).
c. Pay subsidies for workers redundant.
Within 15 days (working days) from the date of the competent authority approval to labor arrangement, the unit made to pay subsidies to employees as follows: c1. Determined redundant workers for each job under the group policy was stipulated in Decree No. 41/2002/ND-CP has been modified, added and be unified at a time according to the model No. 6 attached to this circular; The decision at least 3:1 a send to employees, 1 a, 1 unit at a delivered social insurance agency.

C2. Estimation of funding regime for redundant workers under the Group Policy (model No. 7, 8 9, 10, 10b for employees of agricultural, forestry and the school subject to execution if forest land make labor relationship termination shall affect the regime under article 42 of the labour code attached to this circular).
C3. Prepare recommendations in support of funding from the Labour Fund supports redundant is made according to the regulations of the Ministry of finance.
C4. For labour, there is no need to use not solve the regime prescribed in Decree No. 41/2002/ND-CP has been modified and supplemented (model No. 11 attached to this circular) unit established a separate list to resolve the mode according to the provisions of the labor code.
d. solve the regime for workers.
-The responsibility of the business.
+ Base decided to leave, full resolution and properly defined period the subsidies for workers redundant;
+ Free trade vote Level once for workers wishing vocational (model No 12 attached to this circular).
+ Doing full profiles, procedure for resolving social security mode as specified by law;
+ Clearly the reason for the holiday and the benefits open to labour and return the full profile for workers under the provisions of the law;
+ Within 7 days (working days) from the date of receiving funding from the Labour Fund supports redundant, businesses have a responsibility to pay directly, once in business for workers the subsidies under the scheme was approved.
Case workers can not live to receive the subsidies shall be authorized for other people to receive this grant under the provisions of the civil code the case workers died after the time of signing the decision to leave (the time of effect execution) that have yet to receive the money benefited the businesses transferred this amount to the Manager's legacy die under the provisions of the civil code.
-The responsibility of workers when policy influence: + newsletter full of payments;
+ Newsletter full of job profiles;
+ The payment owed for business (if any).
e. at the latest after 30 days (working days) from the date of completion of the resolution with respect to mode of labor redundant, businesses have a responsibility to report the results to the competent authorities. Report contents include: reviews that are and have been, the results of pay (according to the regulations of the Ministry of Finance) report made into 6 sets and send: approval of labour, the Ministry of finance, Ministry of labor, invalids and Social Affairs, on social insurance of Vietnam, the Department of labor, invalids and Social Affairs of the province the central cities, and saved in the business.
2. responsibility of workers when the apprenticeship and vocational establishments: a. employees redundant have vocational needs has been granted free trade votes to apply vocational apprenticeship has been the Department of labor, invalids and Social Affairs. The time limit for filing an apprenticeship within a period of 12 months from the date of the decision.
b. vocational establishments are responsible for receiving the registration records of apprenticeship workers redundant aspiring apprenticeship, records include:-A key free trade votes by employers;
-A copy of the decision to break the influence of the labor policy redundant due to the reorganization of State enterprises.
After receiving vocational profile, confirm "agree to receive vocational training" signed, stamped on the back of a political decision to leave and return for workers.
Vocational is a maximum funding level 6, to free vocational training for redundant workers have vocational aspirations. Training course fees, processes, procedures and funding settlement is done according to the instructions of the Ministry of finance.
3. The Department of labor, invalids and Social Affairs Department, central cities are responsible for: a. Help people's Committee, the central cities urge and examine policy for workers redundant;
b. specify the vocational labour agencies, invalids and Social Affairs vocational registration level and establish a list of specified vocational (vocational; specific address) submitted to the Ministry of finance to the level of funding apprenticeship. Each province is prescribed a maximum of 10 vocational and be informed on the news media. Vietnam social insurance is responsible for the direction, instruction, social security checks and the central cities, make social security mode for redundant workers as prescribed in this circular and the current rules.
5. The responsibilities of the Ministry; ministerial bodies; Chairman of the provincial people's Committee, the central cities; The Board Of the company 91: a. advocacy organisation advocates, policy of the party and the State for continuing to arrange, innovation, development and enhancement of efficiency of State enterprises, especially the labor policy redundant;
b. approval due to labor arrangement restructuring unit; appraisal schemes please support funding of enterprises under the guidance of the Ministry of finance;

Within 15 days (working days) from the date of receiving the sort of labour projects units, the competent authority responsible for approval and submit the decision to the same 5 sets of records for the unit, the case has not yet been approved by the competent authority unit guide modify , additional options. Within 10 days (working days) from the date of receiving the Agency's projects are competent units complete the send approval agency approach.
c. directs the agencies, professional organizations guide the units administered in an elaborate scheme rearrangement, check the resolution of the labour policy redundant and according to the provisions of this circular;
d. preliminary organization, summarizing reviews the results of labor resolution redundant;
e. periodically 3 months report Ministry of labour invalids and social at the same time send to the Ministry of Finance on the implementation of the arrangement and settlement of labor workers redundant: reviews that are and have been, the results (model number 13, 14 the attached to this circular), recommendations to resolve these problems stuck in the implementation process the latest reporting period is January 15/4; 15/7; October 15 annually and an annual report on June 15, 1 year later to report to the Government.
This circular has the effect after 15 days of registration of newspapers and replacing circular No. 11/2002/TT-BLDTBXH DATED December 12, 2002 and circular No. 11/2003/TT-BLDTBXH dated 22/5/2003 of the Ministry of labor, invalids and Social Affairs.
In the implementation process if something stuck, suggest the ministries and local reflection on Ministry of labour-social and commercial research to resolve.