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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 155/2004/ND-CP
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Hanoi, August 10, 2004
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER
OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 41/2002/ND-CP OF APRIL 11, 2002 ON
POLICIES TOWARDS LABORERS REDUNDANT DUE TO THE RESTRUCTURING OF STATE
ENTERPRISES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to the June 23, 1994 Labor Code and the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code;
Pursuant to the November 26, 2003 Law on State Enterprises;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Article 1.- To amend and supplement a number of
articles of the Government's Decree No. 41/2002/ND-CP of April 11, 2002 on
policies towards laborers redundant due to the restructuring of State
enterprises as follows:
1. Article 1 is amended and supplemented as follows:
"Article 1.- This Decree's application
scope covers State companies which apply the restructuring measures approved by
competent State agencies, including:
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2. State companies and independent cost-accounting member
companies of corporations, which are transformed into State-run one-member
limited liability companies or limited liability companies with two or more
members.
3. State companies, dependent cost-accounting units of State
companies, independent cost-accounting member companies and dependent
cost-accounting units of independent cost-accounting member companies of
corporations, which are transformed into joint-stock companies; joint-stock
companies transformed from dependent cost-accounting companies and units of the
above-stated companies, which have their restructuring plans approved by the
companies' Management Boards and certified by competent State agencies within
12 months as from the date of being granted the business registration
certificates according to the Enterprise Law.
4. State companies and independent cost-accounting member
companies of corporations, which are subject to merger, amalgamation, split-up
or separation.
5. State companies and independent cost-accounting member
companies of corporations, which are subject to the assignment, sale, business
contracting or lease.
6. State companies and independent cost-accounting member
companies of corporations, which are bankrupt or dissolved.
7. State companies and independent cost-accounting member
companies of corporations, which are transformed into non-business units.
8. State-run agricultural farms and forestry farms, which
are reorganized under Resolution No. 28-NQ/TW of June 16, 2003 of the Party's
Political Bureau on the continued restructuring, renewal and development of
State-run agricultural and forestry farms.
9. State companies taking other forms of restructuring under
the Prime Minister's decisions.
10. State companies of political organizations or
socio-political organizations, which are set up under the decisions of the
presidents of the provincial/municipal People's Committees or the ministers of
the ministries performing the econo-technical management over their main
business lines, then transformed into one-member limited liability companies,
limited liability companies with two or more members or joint-stock companies
operating under the Enterprise Law."
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"Article 2.- Subject to the application
of this Decree are laborers performing labor contracts with indefinite terms or
with terms of between full 12 months to 36 months, including:
1. Redundant laborers in companies and units (hereinafter
referred collectively to as companies) undertaking the restructuring according
to the provisions in Article 1 (except Clause 6) of this Decree, who had been
recruited to work in the State sector before April 21, 1998 (the time of
implementation of the Prime Minister's Directive No. 20/1998/CT-TTg on boosting
the restructuring and renewal of State enterprises), including:
a/ Working laborers, for whom, upon the restructuring, the
companies cannot arrange jobs though they have sought every measure to create
jobs;
b/ Laborers who are on the companies' regular payrolls but
have no work to do (having been waiting for jobs) and, by the time of
restructuring, the companies still cannot arrange jobs for them.
2. Laborers in dissolved or bankrupt companies.
3. Laborers who are on the regular payrolls of the State-run
agricultural or forestry farms and had been recruited to work in the State
sector before April 21, 1998 and, for whom, by the time of restructuring, the
State-run agricultural or forestry farms cannot arrange jobs though having
taken every measure to create jobs or have not applied the regime of land or
forest assignment.
Particularly for cases where the laborers have been assigned
land and/or forests of the State-run agricultural or forestry farms, if the
labor relations between the employers and the employees terminate, the regimes
prescribed in this Decree shall not apply, but they shall be entitled to the
severance allowance according to Article 42 of the Labor Code."
3. Article 5 is amended and supplemented as follows:
"Article 5.- Laborers who have received
allowances under the provisions in Clause 3, Article 3 of this Decree, if being
again recruited into the companies or the State-run agricultural or forestry
farms which have asked them to leave their jobs or to other companies and
agencies of the State sector, or being assigned land and/or forests by the
agricultural or forestry farms, shall have to refund the allowance amounts as
provided for at Point b, Clause 3, Article 3 of this Decree.
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4. Clause 2, Article 7 is amended and supplemented as
follows:
"2. The redundant labor-support fund shall have to
provide funding for companies (including funding for the payment of prescribed
amounts for titles defined at Point 4, Section II of the Government's
Resolution No. 09/2003/NQ-CP of July 28, 2003 amending and supplementing the
Government's Resolution No. 16/2000/NQ-CP of October 18, 2000 on streamlining
payrolls of administrative agencies and non-business units); social insurance
agencies; establishments providing job training for redundant laborers;
organizations set up to settle redundant laborers in the dissolved or bankrupt
companies; non-business units under State corporations; and State-run
agricultural and forestry farms, including funding for payment of severance
allowances according to Article 42 of the Labor Code as prescribed in Clause 3,
Article 2 of this Decree."
5. The phrase "State enterprises" in the
Government's Decree No. 41/2002/ND-CP of April 11, 2002 is now superseded by
"State companies".
Article 2.- This Decree takes effect 15 days
after its publication in the Official Gazette. All previous regulations
contrary to this Decree are hereby annulled.
Article 3.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the provincial/municipal People's Committees
shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai