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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
41/2002/ND-CP
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Hanoi,
April 11, 2002
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DECREE
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;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
SCOPE AND SUBJECTS OF APPLICATION
Article 1.- This Decree’s application
scope covers State enterprises which undertake the restructuring measures
approved by the competent State agencies, including:
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2. State enterprises converted into one-member
limited liability companies.
3. State enterprises converted into joint-stock
companies; joint-stock companies converted from State enterprises with
operation duration of up to 12 months counting from the date they are granted
business registration certificates under the Enterprises Law.
4. State enterprises undertaking merger or
amalgamation.
5. State enterprises undertaking transfer, sale,
business contracting, or lease.
6. State enterprises being dissolved or going
bankrupt.
Article 2.- Subjects of application of
this Decree are laborers performing labor contracts with indefinite terms or
terms ranging from 1 to 3 years, including:
1. Redundant laborers in the enterprises defined
in Clauses 1, 2, 3, 4 and 5, Article 1 of this Decree, who had been recruited
before April 21, 1998 (the time of implementation of the Prime Minister’s
Directive No.20/1998/CT-TTg on boosting the restructuring and renovation of
State enterprises), including:
a/ Working laborers, for whom, when being
restructured, the enterprises cannot find jobs though every measure has been
taken to create jobs.
b/ Laborers who are on the enterprises payrolls
but have no work to do and, by the time of restructuring, the enterprises still
cannot arrange jobs for them.
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Chapter II
POLICIES FOR REDUNDANT LABORERS
Article 3.- For redundant laborers
performing labor contracts with indefinite terms:
1. If they are aged between full 55 years and
under 60 years, for men, and between full 50 years and under 55 years, for
women, and have paid the social insurance premiums for full 20 years or more,
they shall:
a/ Be entitled to retire without having their
pension percentage cut due to the pre-mature retirement.
b/ Be entitled to the two following allowances:
- An allowance equal to 3 months rank or
position salaries and salary allowances they are enjoying, for each year (12
months) of pre-mature retirement;
- An allowance equal to 5 months rank or
position salaries and salary allowances they are enjoying, for the first 20
working years for which they have paid the social insurance premiums. From the
21st year on, for each working year with social insurance premium payment, they
shall enjoy an allowance equal to half of their current monthly rank or
position salaries and salary allowances.
2. If they reach the retiring age as prescribed
by the Labor Code but still have to pay the social insurance premiums for 1
more year at most, their social insurance premiums for the remaining months
shall be paid in lump sum by the State at the level equal to 15% of their
monthly salaries so that they can enjoy the monthly pension regime.
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a/ The job-loss allowance, which shall be
calculated according to the actual number of years they worked in the State
sector and for each of these years they shall enjoy an allowance equal to their
one month’s current rank or position salaries and salary allowances, but their
job-loss allowances must be equal to at least two months salaries and salary
allowances they are enjoying.
b/ The two following additional allowances:
- An allowance equal to one month’s rank or position
salaries and salary allowances they are enjoying, for each of the years they
actually worked in the State sector.
- A lump-sum allowance of VND 5 million.
c/ Six months rank or position salaries and
salary allowances for seeking new jobs.
In cases where the laborers aspire to learn new
jobs, in addition to the above-mentioned job-seeking allowance, they shall be
trained for at most 6 months at the job-teaching establishments prescribed by
the State. The State shall allocate funds for these job-teaching establishments
to train redundant laborers.
d/ Laborers, who will reach the retiring ages in
5 years at most as prescribed by the Labor Code and have paid the social
insurance premiums for full 15 years or more but not yet received the lump-sum
social insurance allowance shall, beside the regimes prescribed at Points a and
b of this Clause, be entitled to further pay the social insurance premiums by
themselves at the level equal to 15% of their pre-retirement monthly wages to
the social insurance agencies at their residential places till they reach the
retiring ages in order to enjoy the retirement and death allowance regimes. In
cases where they are not eligible for further paying the social insurance
premiums as mentioned above, their social insurance premium-payment durations
shall be reserved and they shall be granted the social insurance books or enjoy
the lump-sum allowance according to current regulations.
Article 4.- Redundant laborers performing
labor contracts with terms ranging between 1 and 3 years shall terminate their
labor contracts and enjoy the following regimes:
1. The job-loss allowance, which shall be
calculated according to the actual number of years they worked in the State
sector, with one month’s rank or position salaries and salary allowances they
are enjoying for each year.
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3. Laborers, who will reach their retiring ages
in 5 years at most as prescribed by the Labor Code and have paid the social
insurance premiums for full 15 years or more but not yet received the lump-sum
social insurance allowance shall, beside the regimes prescribed at Clauses 1
and 2 of this Article, be entitled to further pay the social insurance premiums
by themselves at the level equal to 15% of their pre-retirement monthly
salaries to the social insurance agencies at their residential places till they
reach the retiring ages in order to enjoy the retirement and death allowance
regimes. In cases where they are not eligible for further paying the social
insurance premiums as mentioned above, their social insurance premium-payment
durations shall be reserved and they shall be granted the social insurance
books or enjoy the lump-sum allowance according to current regulations.
Article 5.- Laborers who have received
the allowances prescribed in Article 3 of this Decree, if being recruited once
again by the enterprises which have asked them to leave their jobs or by other
State enterprises, shall have to refund the allowance amounts prescribed at
Point b, Clause 3, Article 3 of this Decree. The labor-recruiting enterprises
shall have to retrieve the above-mentioned money amounts from the laborers and
remit the whole sums into the support fund for redundant laborers of the
restructured State enterprises, which is set up according to Article 7 of this
Decree.
Article 6.- In addition to the policies
prescribed in Articles 3 and 4 of this Decree, redundant laborers shall be
given conditions to borrow capital from the National Fund for Job Settlement to
employ themselves and be recommended to new jobs according to the provisions of
law.
Chapter III
FUNDING FOR THE SETTLEMENT OF REDUNDANT LABOR
Article 7.- Support fund for laborers
redundant due to the restructuring of State enterprises
1. To set up the "support fund for laborers
redundant due to the restructuring of State enterprises" (hereinafter
called the redundant labor- support fund) to support laborers who lose their
jobs or pre-maturely retire due to the restructuring of State enterprises under
the provisions of this Decree.
2. The redundant labor-support fund shall have
to provide funding for enterprises; social insurance agencies; establishments
teaching jobs to redundant laborers and organizations set up to settle
redundant labor in the dissolved and bankrupt enterprises.
3. The redundant labor-support fund shall be
managed and administered by the Finance Minister.
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a/ The State budget;
b/ The aids from organizations and individuals;
c/ Other sources.
Article 8.- Responsibilities to make
payments to laborers under the prescribed regimes
1. Enterprises shall be responsible for settling
the job-loss allowance regime according to the provisions at Point a, Clause 3
of Article 3; and Clause 1, Article 4 of this Decree.
Enterprises actually meeting with financial
difficulties, which, after using up their job-loss allowance reserve fund (if
any), still lack sources for payment of the job-loss allowances to redundant
laborers, shall get support from the redundant labor-support fund.
2. Laborers shall further pay the social
insurance premiums by themselves as prescribed at Point d, Clause 3 of Article
3 and Clause 3, Article 4 of this Decree.
3. The social insurance fund shall be
responsible for settling the social insurance regime according to the
provisions of the Labor Code.
4. The redundant labor-support fund shall be
responsible for making payments under the regimes prescribed at Point b, Clause
1 and Points b and c, Clause 3, Article 3; Clause 2 of Article 4, and
allocations for social insurance premium payment prescribed in Clause 2,
Article 3 of this Decree.
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Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 9.- Responsibilities of
enterprises
1. To work out the labor-rearrangement plans,
determine the number of laborers required for production and business, the
number of redundant laborers and allowance money amount for each of them.
2. To coordinate with trade union organizations
at enterprises in propagating and disseminating the Party’s and State’s
undertakings, policies and regimes, implementing the regulation on democracy in
enterprises; publicizing the labor-rearrangement plans and lists of redundant
laborers.
3. To settle policies and regimes for laborers
according to the provisions of this Decree; and settle funds for allowance
payment to laborers under the current regulations.
4. To issue the Regulation on labor recruitment
and settle the regimes for redundant laborers already recruited by enterprises
other than subjects of application of this Decree, with the enterprises funding
sources.
Article 10.- Responsibilities of the
State management agencies
1. The Ministry of Labor, War Invalids and
Social Affairs:
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- To join the agencies involved in labor
rearrangement in working out plans for renovation and raising of operation
efficiency of enterprises;
- To stipulate the job-teaching establishments
which receive and train redundant laborers;
- To periodically sum up and report the
situation of implementation of this Decree to the Prime Minister.
2. The Finance Ministry:
- To issue the regulation on management and use
of the redundant labor-support fund; the use of this fund must be strictly
controlled in order to avoid appropriation; To specifically and clearly define
contents of the dossiers and criteria for enjoyment of allowances in an open
and democratic manner.
- To elaborate plans on capital sources and
submit to the Prime Minister measures to ensure capital sources for the
redundant labor-support fund;
- To monitor and inspect the payment of
allowances and settlement of funds for allowance payment to redundant laborers.
- To periodically sum up and report the
management and use of the redundant labor-support fund to the Prime Minister.
3. Vietnam Social Insurance:
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- To settle social insurance policies and
regimes for laborers according to the provisions of this Decree and the
guidance of the Ministry of Labor, War Invalids and Social Affairs.
4. The ministries, the ministerial-level
agencies, the agencies attached to the Government, the People’s Committees of
the provinces and centrally-run cities and the Managing Boards of Corporations
91:
- To direct enterprises under their respective
management to work out the labor-rearrangement plans and implement policies and
regimes towards redundant laborers;
- To approve the plans for handling redundant
labor according to one-time principle, which shall apply to each of the
enterprises prescribed in Article 1 of this Decree.
- To set up organizations to settle policies for
redundant laborers at the dissolved and bankrupt enterprises;
- To periodically report to the Government,
through the Ministry of Labor, War Invalids and Social Affairs, on the
settlement of policies for redundant laborers.
Article 11.- Vietnam Labor Confederation
is requested to:
1. Join the State agencies in guiding the
implementation of policies towards redundant laborers.
2. Direct the trade unions at all levels to coordinate
with the heads of the units in propagating and explaining to laborers the
Party’s and State’s undertakings and policies so as to implement all regimes
towards redundant laborers according to law provisions.
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Article 12.- This Decree takes effect 15
days after its signing till the end of December 31, 2005.
Article 13.- The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai