Ministry of labour Thưng & Republic Social Warrior Socialist Vietnam circulars on policy for khichuyển workers of State enterprises into joint-stock companies under Nghịđịnh number 64/2002/ND-CP dated 19 June 2002 the implementation of Decree No. 64/2002/ND-CP dated 19 June 2002 củaChính Government on transforming State enterprises into joint-stock companies; After khicó the opinion of the relevant ministries and the opinion of the Union độngViệt South, the Ministry of labor, invalids and social policy guidelines for labor vớingười when turning State-owned enterprises into joint stock companies as follows: i. GENERAL PROVISIONS: 1. This circular is applicable to workers who are working in nghiệpnhà water and extra units the State-owned enterprise hoátheo stock implementation Decree No. 64/2002/ND-CP on 19/6/2002 of the Government on the chuyểndoanh State enterprise into a joint stock company (hereinafter referred to as NĐ64/2002/ND-CP).
2. The inheritance of all obligations with respect to the employee under paragraph 1 of article 7 Nghịđịnh number 64/2002/ND-CP is inheriting the entire content was delivered in the hợpđồng between the labour employers with workers before move on to company shares.
3. Time to split the reward Fund balance, Welfare Fund with money theoquy defined in article 14 and the assets used for production and business investment by nguồnQuỹ reward Welfare Fund as prescribed in clause 4 article 9 of Decree số64/2002/ND-CP is the actual time since employees work trongdoanh career there until the time of business decision chemical section.
4. Workers are buying stock incentives as stipulated in article 27 paragraph 1 củaNghị plan 64/2002/ND-CP is the person named in the list of in-stock at the time, including: labour working under a contract of unspecified duration laođộng; labor to work under employment contracts define the term địnhthời from 1 to 3 years, including people who are postpone implementation of the labor contract, pending the decision of the Director; đượctuyển employees to work ahead on 30/8/1990 (at the time the test command hànhPháp effect labour contract) that are not yet transferred to the labour contract. For this audience, the miners time to be buying shares under the incentive price làtổng real working time in State enterprises, agencies vịthuộc State area, units of the armed forces (từngân-paid State policy) including the time workers have lost their jobs support , quitting, or demobilized mode affect.
5. poor workers are entitled to incentives as stipulated in paragraph 2 article 27 củaNghị No. 64/2002/ND-CP is defined as follows: Ngườilao action is the per-capita income in the family low, dogiám Director of business coordination with the Party Committee, the Union and the Board of innovation and business Pháttriển of business identified.
Capita in the Thunhập family are calculated on the basis of the revenues nhậpbao includes salary, bonus, salary allowances for employees độnglàm the main income, paid from the labour of the members of the đìnhlàm family in the economic sectors divided by the number of people in the family (wife hoặcchồng , and others are directly nurture).
Sốngười poor workers in the enterprise is determined by the order of income (từthấp high) must be the Conference officials (deputies or whole) endorsed the principle of majority, the number of people attending sales meeting and announce the whole khaitrong business; at the same time to ensure the value of shares for ngườilao poor activity does not exceed 20% of the total number of shares sold by discount đãicho State workers in the enterprises as defined in paragraph 2 article 27 Nghịđịnh 64/2002/ND-CP and was brought into the equitization plan business.
It's not OK to use the number of shares reserved for the working poor as stipulated in paragraph 2 Article 27của of Decree 64/2002/ND-CP to divided equally for everyone in the business.
6. Working time to job loss benefits, retrenchment by khoản5 article 27 of Decree No. 64/2002/ND-CP is a total thựctế workers employed in State enterprises, the public sector units, units of the armed forces are paid from State budget sources (except the time workers got subsidized job loss , retrenchment, entitled the export mode active or serving) Tổngthời work there, travellers are defined as follows: Dưới1 may not be counted.
Từ1 months to under 7 months are counted by 6 months of work.
Từđủ 7 months to 12 months, enough is calculated by 1 year.
7. time is the time the capitalization decision for business made cổphần of authority.
II-SPECIFIC PROVISIONS: a. policies for laborers at the moment Nhànước businesses converted into joint stock companies Khicó the decision of the competent authorities regarding the capitalization of State enterprises, directors of State enterprises and innovation and business củadoanh business development plans on Labor (in the equitization plan) and for policy giảiquyết Labor, the competent agency approved duyệttheo specified in point b of paragraph 2 article 30 of Decree No. 64/2002/ND-CP and giảiquyết the regime for workers under the provisions of the following: 1. Establishment of the labor approach according to the following sequence: a) Established the labor list named in the list of business nghiệptại the time of privatization under the form of 1 attached to this circular.
b) Established a list of labor in an retirement pension regimes;
c) Established a list of expired labor contract at the time of cổphần;
d) list layout is not labor jobs at the time điểmcổ part in culture an will terminate the labour contract. Including dynamic mailing sáchlao redundant by Decree No. 41/2002/ND-CP dated 11/4/2002 on labor with sáchđối main redundant due to the reorganization of State enterprises and circular số11/2002/TT-BLDTBXH on 12/6/2002 of the Ministry of labor, invalids and Social Affairs hướngdẫn Decree No. 41/2002/ND-CP talk on;
DD) Established the labor list will move on to work at the company, including: Sốlao that labor contracts are longer term;
Sốlao is a holiday according to the 3 modes of social insurance (sickness; maternity; laođộng accident, vocational diseases meet) that the employment contract is still the time limit;
Sốlao are conditions of life, the health in an occupational retraining going đểtiếp continue work in joint-stock companies;
e) labor list from detail to detail above DD b by enterprises and tổnghợp on the labor approach according to form No. 2 attached to this circular.
2. Solve for policy workers: a. for workers in an holiday under the pension regime defined in detail bđiểm 1 A of part II of this circular, the Director of the business and social bảohiểm authority where the social insurance business (referred to as society hiểmxã protection agency) solve all social insurance benefits for workers under quyđịnh current.
b. The case of expiration of labor contract to c point 1 item A part II thìGiám Director, State enterprises solve retrenchment mode for ngườilao according to the provisions of article 42 of the labor law and the responsibility to do đầyđủ the procedure to solve BHXH agency benefits of social insurance for ngươìlao under current rules.
c-for employees not arranged employment as specified in d 1mục point A part II resolves as follows:

c. 1Đối with State enterprises have decided to stock goods from 31/12/2005 trởvề: dynamic Ngườilao redundant subject to the provisions of Decree 41/2002/ND-CP on 11tháng 4, 2002 on labour policy redundant by reorganization in the State shall be entitled to the policy as defined in the Decree nàyvàThông investment số11/2002/TT-BLDTBXH on 12/6/2002 of the Ministry of labour invalids vàXã Assembly instructions Decree 41/2002/ND-CP talk on;
Dynamic Ngườilao not subject to Decree 41/2002/ND-CP, then enjoying cácchế degrees as specified by the applicable labor laws. The Fund supports sorting and cổphần turned State business support to resolve the subsidy takes việclàm, retrenchment under the provisions of the Ministry of finance.
c. 2Đối with State enterprises have decided the following holdings on December 31, 2005, the rights of workers are not arranged employment are quyếttheo to the provisions of the current labor law d-for the workers will move on to work at the company originally conceived to 1 item A part II, the enterprises are responsible for establishing the list and làmthủ continue to social insurance agencies continue to make social insurance vàcấp mode shared social insurance (if not yet level window) according to Regulation cùnghồ of the list of workers which businesses are managed for trịhoặc the Board of Directors of joint-stock companies.
Enterprise-is responsible for the payment of the debt on the social insurance for vớicơ social insurance agency and the payment of the debt with workers before khichuyển to the company or the termination of the employment contract.
B. policies for workers when businesses have chuyểnthành company 1. The Board or Director of the Corporation is responsible for: a) receiving of labour regulation in details UPO point 1 A of part II of the tưnày.
b) continue to implement the commitment in the labor contract, the labor tậpthể agreement was signed earlier with workers under the provisions of the law of hiệnhành.
c) organized training for workers in an occupational retraining for tiếptục work in company d) for those employees that the new recruitment company, hiệntheo provisions of the labor law.
2-the policy for workers who lose jobs: 2.1 workers lost jobs in the 12 months from the date of tycổ đượccấp joint business registration certificate under the enterprise law due to implementation cơcấu under art. 6 article 27 of Decree 64/2002/ND-CP is quyếtnhư after : a-for workers who lost jobs from October to December 31, 2005 and earlier: dynamic Ngườilao subject to the provisions of Decree No. 41/2002/ND-CP dated 11/4/2002của about government policies toward workers redundant due to rearrange business nghiệpnhà water, enjoy the labor policy redundant are specified thểtại Decree No. 41/CP and circular No. 11/2002/ TT-BLDTBXH on 12/6/2002-BộLao's wounded soldiers and society. This policy applies to all of the laođộng are transformed from State-owned enterprises into joint-stock companies under Nghịđịnh number 44/CP 29/6/1998 if eligibility provisions in the Decree số41/2002/ND-CP Source pay the policy excess labor support fund dưhỗ.
Cácđối statue of remaining labor support takes the retrenchment, địnhcủa under current labor laws and was the Foundation of support arrangements and the State-owned hoádoanh shares of support.
b-for workers who lost jobs after 31/12/2005: Trong12, since the company was issued a certificate of registration, importing, if demand held back production, technology changes dẫnđến workers from State enterprises move to lose your job , hoặcthôi work, including voluntary workers retrenchment, the mấtviệc workers are tackling the job loss allowance as specified in clause 1 article 17 of labour Bộluật; retrenchment benefit according to paragraph 1 Article 42 sets of labor laws.
Nguồnchi pay retrenchment, loss of work due to the Fund support organiser and holdings in State aid under the provisions of the Ministry of finance.
2.2-case workers lost jobs, quitting in time from the year thứ2 to the end of the fifth year from the date the company was posted kýkinh business certification, the company is responsible for payment of 50% of the total subsidy cấptheo the provisions of the labor code, the rest is the Foundation arranged and cổphần turned State enterprises payment.
Từnăm 6 onwards, JSC is responsible for the entire payment thôiviệc allowance, lost their jobs for workers including the labourer previous time laughing about đãlàm for the public sector.
3. The policy for the employees in an occupational retraining đểtiếp working in a joint stock company: a) during vocational training, joint-stock companies continue to pay for ngườilao according to the level agreed by the two sides but not lower than 70% lươngghi level in the employment contract has been signed. Case of 70% copper tronghợp record wage labor that is lower than the general minimum wage because the Government paid địnhthì by the minimum wage.
b) continue close joint stock company of social insurance for workers in vocational training time according to the current rules. (according to the agreed wage record copper tronghợp apprenticeship).
c) procedure on apprenticeship contracts made under the current rules.
d) after their training company is responsible for the job disposition chongười labor.
DD) support expenditure for vocational training under the guidance of the Ministry of finance III – IMPLEMENTATION: 1. The directors of State enterprises and innovation and business củadoanh business development responsibility: construction workers sort options, determine the maximum dynamic sốlao required according to the requirements of production and business laođộng is not defined, the layout gets a job at the time have decided to trìnhcấp holdings has the authority to approve and settle the Government policy for employees độngtheo the provisions of the law;
Sau10 days of solving the policies for workers, Giámđốc of State enterprises have a responsibility to report to the Department of labor invalids vàXã Association, the Labor Union, a city centrally located sởchính place of business; The Union industry, the social insurance agency where social insurance premiums in transforming State enterprises into the tycổ section to coordinate the review, addressing the rights of workers.
2. social insurance agency where social insurance business are responsible for the nhiệmthực policy of social insurance for workers before and after cổphần business goods under the provisions of the State.
3. The Department of labor, invalids and Social Affairs, innovation and enterprise development củacác Ministry of industry, the provinces and cities under central and cótrách 91 Corporation coordinating with the Labor Union, the city of industry, unions, hướngdẫn, trace, check the implementation of the provisions of Decree định64/2002/ND-CP, and the laws concerned with proper vàtổng workers đôí the situation report of the Steering Committee of innovation and enterprise development (Government Office), Ministry of labor, invalids and Social Affairs and the Ministry of finance.

4. This circular takes effect from the day of enforcement of the Decree 64/2002/ND-CP hiệulực and replacing circular No. 11/1998/TT-LĐTBXH on 21/8/1998 of the Ministry of labor, invalids and social policy guidelines for employees when the State-owned chuyểndoanh into a joint stock company, circular No. 3/1999/TT-LĐTBXH ngày9/1/1999 fixes the poor standard in circular số11/1998/TT-LĐTBXH.
Trongquá executable if there are obstacles to suggest reflection on the Ministry of labour and social Thươngbinh-research to resolve.