Chương 2 Nghị định 103/1999/NĐ-CP: Giao doanh nghiệp nhà nước cho tập thể người lao động

Chapter II

ASSIGNMENT OF STATE ENTERPRISES TO LABOR COLLECTIVES

Article 10.- Conditions for assignment of enterprises to labor collectives

The labor collective in an enterprise shall be assigned the enterprise under the following conditions.

1. The labor collective in the enterprise, represented by the Trade Union Executive Committee or the person elected by the congress of the entire workers and employees in the enterprise, voluntarily register for the enterprise assignment;

2. It commits to further invest in production and business development, ensure jobs for at least 3 years or more and fully pay insurance premium for the laborers in the enterprise (except for people who voluntarily terminate their labor contracts);

3. It inherit the enterprise’s debts (excluding bad debts) under the agreement between the enterprise assignor and assignee;

4. It commits not to lease, assign or dissolve the enterprise without permission within at least 3 years after the assignment;

5. When the conditions permit the sale, the State must be paid back 30% of the share value at the time of enterprise assignment.

Article 11. - The principles for dealing with assets, financial matters and debts upon the enterprise assignment

The Renewal Boards at enterprises shall conduct the inventory, determining the quantity and real status of the entire assets; the long-term and short-term investments; the assets rented, borrowed, kept or sold for others, entrusted for sale, appropriated, leased, lent; comparing and classifying types of debts; making list of creditors and debt amounts to be paid, list of debtors and debt amounts to be recovered, with clear determination of debts which can be recovered and debts which can not be recovered, classifying assets and dealing therewith:

1. Assets rented, borrowed, kept for others, entrusted for sale: The enterprises shall return them to their owners, liquidate the contracts therefor or continue the rent, borrowing, keeping in custody or entrustment according to the agreement between the enterprise and the owners of the rented, borrowed or kept assets.

2. Appropriated assets: The enterprise assignor shall decide immediately after the assignment of enterprise.

3. Debts shall be dealt with according to the principles:

a) The bad debts shall be frozen, clearly determining the liability so as to settle them according to the current regulations;

b) Debts to be recovered or to be paid shall be inherited and handled by the assignee, where the payable amounts are larger than the value of the enterprise’s assets, the budget debts shall be forgiven; the bank debts shall be handled with the support from the Funds for Support of Restructure and Equitization of State Enterprises;

c) Social insurance debts owed to the social insurance agencies before the assignment of enterprise shall be deducted from the value of the enterprise for payment thereof or from the Funds for Support of Restructure and Equitization of State Enterprises.

4. The remaining assets, after paying all necessary expenses for the enterprise assignment, shall be transferred to the ownership of the labor collective in the enterprise.

Article 12.- Order and procedures for enterprise assignment

1. The Trade Union Executive Committee shall, together with the enterprise director, organize a plenary meeting of the workers and employees to decide by the majority of vote on the voluntary acceptance of the enterprise; draw up and adopt the plan for the enterprise assignment; satisfy the conditions on enterprise assignment with the commitment to fully use the labor in the enterprise (except for those who voluntarily terminate their labor contracts); nominate representative to carry out the procedures for the enterprise assignment.

2. Classifying assets: determining and classifying debts; making the financial statements; handling asset, financial and debt matters according to the principles for dealing with assets, financial matters and debts mentioned in Article 11 of this Decree.

3. The enterprise’s trade union executive committee or the person elected as representative by the congress of workers and employees shall make the list and classification of laborers, then compile dossiers thereon; draw up production-business plans and commit to take the enterprise.

4. The representative of the labor collective shall send the dossiers of application for acceptance of the enterprise to the Board for Renewal of Enterprise Management. Such a dossier shall comprise:

a) The application for the acceptance of the enterprise;

b) The production-business plan;

c) The projected form of new enterprise;

d) Commitments of the labor collective in the enterprise.

5. The competent level shall ratify the dossiers of application for acceptance of enterprise and issue decision to assign the enterprise to the labor collective. This decision shall be addressed to such agencies as the enterprise finance section, the enterprise tax collection agency, the Planning and Investment body, the Statistics Department of the locality where the enterprise is headquartered; the Central Board for Renewal of Enterprise Management.

6. To organize the signing of the enterprise assignment contract between the representative of the labor collective and the person authorized by the minister or the president of the provincial People’s Committee, or the Corporation 91 general director. A contract on the State enterprise assignment shall contain the following major details:

a) The name and address of the enterprise to be assigned to the labor collective;

b) Full name and address of the representative of the labor collective;

c) The value of the to be-assigned enterprise, mode of assignment and acceptance;

d) Commitments by the labor collective at the enterprise;

e) The rights and obligations of the labor collective accepting the enterprise;

Enclosed with the contract shall be the list of value-converted assets to be handed over, the list of laborers in the collective to be assigned with the enterprise.

7. The Board for Renewal of Enterprise Management shall, together with the director of the enterprise, organize the hand-over of the enterprise according to the approved plan to the labor collective represented by the enterprise’s Trade Union chairman or the person elected by the congress of the workers and employees to accept and manage the enterprise to the witness of the representative of the authority, having decided the enterprise assignment and the enterprise finance body.

8. The Board for Renewal of Enterprise Management shall publicly announce the enterprise assignment and the termination of the State enterprise�s operation on the mass media within 15 days after the issuance of the decision on the enterprise assignment.

9. The representative of the labor collective shall organize the business registration in the form of cooperative or a joint-stock company.

Article 13.- The ownership over the assigned enterprise

1. The entire assets of the assigned enterprise, which are calculated in value, shall belong to the ownership of the labor collective and be divided into shares for assignment to the laborers on the payroll who have paid the social insurance premium at the enterprise by the time of the enterprise assignment.

2. Each laborer in the enterprise shall be entitled to own part of the enterprise’s value in shares commensurate to the number of years he/she has worked for the State. For the number of shares assigned to him/her, a laborer is entitled to enjoy the dividends thereon, to bequeath them, but not to assign them within at least 3 years after the assignment of the enterprise; when assigning such shares, he/she shall have to return to the enterprise an amount equal to 30% of the share value at the time of the enterprise assignment.

Article 14.- The rights and obligations of the enterprise assignee

1. The enterprise assigned to the labor collective shall register its business in the form of either cooperative or joint-stock company.

The business registration dossier shall include:

a) The competent level’s decision on the assignment of the enterprise;

b) The contract on the enterprise assignment and acceptance and the minutes on the hand-over of enterprise to the labor collective in the enterprise.

c) The enterprise’s organization and operation charter;

d) The minutes on the election of the enterprise’s leadership;

e) The business registration paper of the enterprise before it is assigned (if any).

2. To take initiative in using the entire assigned assets, organizing production and business and distributing incomes according to the enterprise’s organization and operation charter.

3. To inherit the interests of the State enterprise according to the agreement in the enterprise assignment contract; inherit the former enterprise’s contracts on land lease, power and water supply according to the provisions of law. The assigned enterprise’s land use right shall comply with the land legislation.

4. To be given conditions for organizing the re-training financed by the Funds for Support of Restructure and Equitization of State Enterprises so as to create jobs for the laborers.

5. The enterprise shall have to employ all the existing labor, ensuring jobs for at least 3 years for the laborers, except for those who voluntarily terminate their labor contracts. After that period, if due to the reorganization of the enterprise’s business activities or to the technological renewal, the laborers lose their jobs, such laborers shall be entitled to the policies currently prescribed by the Government.

6. To fulfill the commitments in the enterprise assignment and acceptance contract as well as the obligations towards the State as prescribed by law.