CIRCULAR guide policy for workers under Decree No. 187/2004/ND-CP dated 16 November 2004 by the Government on the transfer of State-owned companies into joint stock companies to enforce Decree No. 187/2004/ND-CP dated 16 November 2004 by the Government on the transfer of State-owned companies into joint stock companies (hereinafter the Decree 187/2004/ND-CP); After obtaining the opinions of the ministries and the Vietnam General Confederation of labor, the Ministry of labor, invalids and social policy implementation guide for workers as follows: i. GENERAL PROVISIONS 1. This circular is applicable to workers who are working in State-owned companies not subject to the State holds 100% of the Charter capital made shares prescribed in article 2 of Decree No. 187/2004/ND-CP DATED. 2. The company shares responsibility to inherit any liability for employees according to paragraph 1 article 8 of Decree No. 187/2004/ND-CP of covering the whole of the content was delivered in labor contracts, collective labour agreements (if any) between the employers with workers and other obligations prescribed by law.
3. Time to split the reward Fund balances, cash Welfare Fund as defined in article 15 and the assets used for production and business investment by source of Funds, reward Welfare Fund specified in clause 4 Article 10 of Decree No. 187/2004/ND-CP is the actual time the employee has worked in businesses that have decided to stock business culture.
4. Workers are buying stock priority transfers favors under the provisions of clause 1 Article 37 of Decree No. 187/2004/ND-CP is the person named in the list of regular business at the time of privatization, including: workers are working under employment contract does not specify the time limit labor contracts, determining the time limit from 12 to 36 months enough, even people who are postpone implementation of the labor contract, pending the decision of the Director; the workers, employees are employed on work before June 30, 1990 (as have enforceable labor contracts Ordinance) that are not yet transferred to the labour contract.
5. Time to buy shares by price incentives is the total time (not counting the odd months) has been working in State enterprises; agencies, units of the public sector; units of the armed forces to that point, including the time the employees have lost their jobs, support, quitting, or demobilized mode affect.
6. Working time to job loss benefits, retrenchment under Article 87 paragraph 4 of Decree No. 187/2004/ND-CP is the total time the employee has worked in State enterprises; agencies, units of the public sector; units of the armed forces (except the time the worker has lost support, employment, retrenchment, entitled the export mode active or serving).
7. In addition to the time the employee has worked in the business specified in point 5, 6 section I of this circular, if the time specified in point d, paragraph 3 of article 14 of Decree 44/2003/ND-CP dated 9 May 2003 is also counted as actual working time in the enterprise , body unit.
8. working time, travellers are defined as follows:-Under 12 months are not counted.
-From April 1st to May 6th enough in 6 months of work.
-From 6, to 12 months is calculated by 12 years of work.
9. The time of privatization is the time of the decision of the authority for implementing enterprise equitization.
II. The POLICY for the WORKERS at the TIME of TRANSFER of STATE ENTERPRISES into JOINT STOCK COMPANIES When there is a decision of the competent organs of the equitized enterprises, Business Director shares the same Ban innovation and enterprise development of business plans on Labor (in the equitization plan) the competent authority for approval in accordance with Article 40 of Decree No. 187/2004/ND-CP and resolve workers ' mode as follows: 1. Set the labor approach: a) list of enterprise labor shares at the time of privatization under the form of 1 attached to this circular including:-not subject workers signed labor contracts (Director, Deputy Director, Chief Accountant);
-Labor work under employment contract does not specify the duration (including labour recruiter before July 30, 1990, but the business is not yet transferred to the labour contract);
-Labor work under labor contracts specify the time limit from 12 to 36 months, enough;
-Seasonal work labor or according to a certain job duration under 12 months.
b) Established a list of qualified workers to retire under the current regime;
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 holdings;
d) list layout is not labor jobs at the time of privatization in the an will terminate the labour contract. Including the list of redundant workers by Decree No. 41/2002/ND-CP dated April 11, 2002 by the Government on labor policy redundant due to the reorganization of State enterprises has been modified in the supplements Decree No. 155/2004/ND-CP on 10/8/2004 of the Government (hereafter referred to as Decree No. 41/2002/ND-CP was revised supplement) and circular No. 19/2004/TT-BLDTBXH dated 22/11/2004 of the Ministry of labor, invalids and Social Affairs guidelines for implementing a number of articles of Decree No. 41/2002/ND-CP was revised supplement;
DD) Established the labor list will move on to work at the company, including:-the number of workers whose labor contract is still the time limit;
-The number of workers on holiday according to the 3 modes of social insurance (sickness; maternity; accidents, occupational disease) that the employment contract is still the time limit;
-Number of working conditions on health, in an go out training to continue working in the company shares according to the needs of the company;
Labour list from a to dd weather weather over here and by enterprises and labor projects according to form No. 2 attached to this circular.
2. Solve the policy for workers: a) for qualified workers break retirement regimes prescribed in point b I of part II of this circular, the Chief business of steep stock and social insurance agency where business social insurance (social insurance agency) solve all social insurance benefits for workers under the provisions of the law.
b) cases of labor contract to c point 1, part II, the Director of the enterprise solve retrenchment mode for workers under the provisions of article 42 of the labour code and have a responsibility to do the full procedure to social insurance agencies solve social insurance benefits for workers under the nail of France law c) for employees not arranged employment as defined in point 1 of part II of the d resolves as follows: c1) for enterprise equitization have decided stock from 31/12/2005 and earlier: + redundant workers subject to the provisions of Decree No. 41/2002/ND-CP has been modified then supplement entitled under the policy defined in this Decree and circular No. 19/2004/TT-BLDTBXH dated 22/11/2004 of the Ministry of labor, invalids and Social Affairs Guide to Decree 41/2002/ND-CP has been modified the above supplements;

+ Workers not subject of Decree No. 41/2002/ND-CP has been modified, added, then enjoy the retrenchment mode, takes the provisions of labour law and are supported from the proceeds of the State due to the privatization of State enterprises or arrange business support Fund support to resolve under the guidance of the Ministry of finance.
C2) for State enterprises have decided to stock the day after December 31, 2005, the rights of workers are not arranged employment are resolved according to the rules of labour law.
d) for the workers will move on to work at the company to stock DD point 1 of part II, 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 profiles of people Labor, which businesses are managed for the Board or Director of the company.
DD) Enterprise equitization are responsible for payment of the debts of the social insurance agency for social insurance and payment of the debts with the workers before turning to a joint stock company or termination of labor contracts.
III. POLICY For EMPLOYEES When The BUSINESS Was TRANSFORMED Into A JOINT STOCK COMPANY 1. The Board, the Director of the company is responsible for: a) of receiving prescriptions in DD 1 part II of this circular and the entire relevant records of workers switched.
b) continue to implement the commitment in labour contract, collective labor agreement was signed earlier with workers under the provisions of law c) Organization of training for workers in an occupational training to continue working at the company.
d) for those who labor are new recruitment company shall follow the provisions of the law.
2. The policy for the workers losing jobs: 2.1. Workers lose jobs in the 12 months since the company was granted the certificate of business registration under the enterprise law due to restructuring done a paragraph 8 Article 36 of Decree 187/2004/ND-CP is resolved as follows: a) for workers who lost jobs from October to December 31, 2005 and earlier workers:-subject to the provisions of Decree No. 41/2002/ND-CP has been modified then supplement entitled labor policy redundant are specified in this Decree and circular No. 19/2004/TT-BLDTBXH dated 22/11/2004 of the Ministry of labor, invalids and Social Affairs. The source of this policy by the Labour Foundation redundant support.
-The object of labor takes the retrenchment, rest support takes the job, according to the provisions of the labour law. Funding support from the proceeds of the State due to the privatization of State enterprises specified in article 35 of Decree 187/2004/ND-CP b) for workers who lost jobs after 31/12/2005: in the 12 months since the company was granted the certificate of business registration If demand held back production, technology changes lead to workers from State enterprises move to lose your job or quit, including voluntary workers retrenchment, the workers are tackling the job loss allowance as defined in article 17 paragraph 1 of the labor code; or retrenchment under Article 42 paragraph 1 of the labor code.
Source to pay retrenchment, loss of work is supported from the proceeds of State Enterprise equitization, or arrange business support fund provided for in Article 35 of Decree No. 187/2004/ND-CP and VI (management, using the proceeds from privatization) of circular No. 126/2004/TT-BTC on 24/12/2004 of the Ministry of Finance shall guide the implementation of Decree No. 187/ 2004/NĐ-CP. 2.2. Case workers from State companies turning to stock company lost jobs or retrenchment in time from the second year until the end of the fifth year from the date the company was granted the certificate of business registration, the subsidized workers lose jobs under article 17 or retrenchment under article 42 of the labour code. Company is responsible for payment of 50% of the allowance on the provisions of the labor code, the rest to be paid from the proceeds of the State due to the privatization of State companies, the Fund supports the business arrangement as defined in article 35 of Decree No. 187/2004/ND-CP on expiry of joint stock companies are responsible for the entire payment voucher quit or lose their jobs for workers including the previous time the employee has worked for the public sector.
3. The policy for the employees in an occupational training to continue work in joint-stock companies: a) during vocational training, joint-stock companies continue to pay wages to laborers according to the level due to the two parties to the agreement but not lower than 70% of the salary stated in the employment contract has been signed. Case of 70% of the salary stated in labor contracts that is lower than the general minimum salary is 290,000/month as stipulated in Decree No. 203/2004/ND-CP on December 14, 2004 of the Government Regulation, the minimum wage paid by the minimum wage.
b) continue close joint stock company of social insurance for workers in vocational training period under the provisions of the law (according to the wage agreement in the contract of apprenticeship).
c) procedure on apprenticeship contracts made under the provisions of the law.
d) funds to support vocational training conducted as prescribed in Article 35 paragraph 1 b secretion of Decree No. 187/2004/ND-CP of the Government and b point 1 Item VI of circular No. 126/2004/TT-BTC comes on.
DD) after their vocational training Corporation is responsible for arranging jobs for workers. Trained workers leave the profession if not work according to the commitment it must compensate the cost of training and the other account if available.
IV. IMPLEMENTATION 1. Director enterprise privatization and innovation and the development of responsible business: construction workers sort options, 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 have decided to stock the authority to approve and settle the Government policy for the workers under the provisions of the law.
At the latest after 30 days of completed the policies for workers, Business Director for equitization are responsible for reporting the results of the transfer of State-owned companies into joint stock company for the competent agency (model No. 3 attached). 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 Labour Federation, the central city where the headquarters of the business; The Union industry, the social insurance agency where social insurance business; a store in business.
2. social insurance agency where social insurance business is responsible for a policy of social insurance for workers before and after the privatization of businesses according to the regulations of the State.

3. The Department of labor, invalids and Social Affairs, innovation and business development of the ministries, the provinces and cities under central and State corporations are responsible to coordinate with the Labor Union, Trade Union branches, City Guide, track, check the implementation of the provisions of Decree No. 187/2004/ND-CP and the text of the relevant law for with the workers and general situation reports on the Steering Committee of innovation and business development (Government Office), Ministry of labor, invalids and Social Affairs and the Ministry of finance.
4. This circular takes effect after 15 days from the date of public notice and replacing circular No. 15/2002/TT-BLDTBXH on 23/10/2002 of the Ministry of labor, invalids and social affairs policy guidance for workers when transferring SOEs into stock companies by Decree No. 64/2002/ND-CP on 19/06/2002 of Government on the transfer of State enterprises into joint-stock company.
In the process if there are obstacles to suggest reflection on the Ministry of labour, invalids and Social Affairs to study the resolution./.