Chapter V
PREFERENCES FOR ENTERPRISES, ASSIGNEES, PURCHASERS AND LESSEES OF ENTERPRISES AND THE LABORERS
Article 49.- Preferences for the assigned, sold or leased enterprises
1. Enterprises assigned to labor collectives and enterprises sold to collectives, individuals or legal persons shall be entitled to:
a) Enjoy preferences like newly set up enterprises and according to the provisions of the Domestic Investment Promotion Law (amended). In case of lack of conditions for enjoying preferences under the Domestic Investment Promotion Law, to enjoy a 50% reduction of the enterprise income tax for the first two years of operation;
b) Be exempt from fees for registration of business as well as of assets under the State enterprises’ right to own and to use such assets which are now under the ownership of new enterprises;
c) Continue to maintain the contracts for rent of houses, workshops and/or land of old enterprises in accordance with the provisions of the Land Law as well as other current law provisions;
d) Continue to borrow capital of the commercial banks, financial companies and other credit institutions of the State at the interest rates applicable to the State enterprises;
e) Continue to export and/or import goods according to the current regimes prescribed for the State enterprises;
f) Before being assigned, sold or leased, the enterprises may take initiative in using the credit balances of the reward fund and the welfare fund (in cash) to distribute to the laborers working at the enterprises (without having to pay income tax);
g) Maintain and develop the welfare fund in forms of kind, cultural works, clubs, clinics, sanatorium in order to ensure welfare for the laborers who continue to work at the assigned or sold enterprises. These assets belong to the ownership of the labor collective and are managed by the Trade Union organizations at the enterprises.
2. The leased enterprises are entitled to enjoy the preferences prescribed at Points c, d, e, f and g of Clause 1, this Article.
Article 50. - Preferences for purchasers being the labor collectives in enterprises
Labor collectives which satisfy the conditions prescribed in Clause 13, Article 3 of this Decree, when purchasing enterprises, shall be represented by the Trade Union presidents or the persons elected by the congress of the entire workers and employees in the enterprises in carrying out procedures for the purchase of enterprises, and shall be entitled to enjoy the following preferences:
1. For the labor collectives which purchase the enterprises to maintain production and business, ensure jobs for themselves and commit to accept all the laborers available at the enterprises (except for those who voluntarily terminate their labor contracts) while the to be purchased enterprises have suffered from loss to the extent of losing their capability to pay all debts and the proceeds from the sale of enterprises are expected not to be enough for payment of debts:
a) If such labor collectives ensure that from 50% to 100% of the enterprises’ existing laborers shall move to work at the new enterprises and commit to provide jobs for these laborers for 1 consecutive year or more, they shall be entitled to the 70% reduction of the sale prices;
b) If such labor collectives only ensure that less than 50% of the enterprises’ existing laborers shall move to work at the new enterprises and commit to provide them with jobs for 1 consecutive year or more, they shall be entitled to the 50% reduction of the sale prices.
2. For labor collectives which purchase enterprises to maintain production and business, ensure jobs for themselves and commit to accept all the laborers available at the enterprises (except for those who voluntarily terminate their labor contracts), and the to be purchased enterprises are earning profits of not suffering from losses and the proceeds from the sale of enterprises may be enough for payment of debts:
a) If the labor collectives ensure that from 50% to 100% of the enterprises’ existing laborers shall move to work at the new enterprises and commit to provide them with jobs for 1 consecutive year or more, they shall be entitled to the 50% reduction of the sale prices.
b) If the labor collectives only ensure that less than 50% of the existing laborers of the enterprises shall move to work at the new enterprises and commit to provide jobs for them for 1 consecutive year or more, they shall be entitled to the 40% reduction of the sale prices.
3. Purchasers being individuals or a group of laborers in an enterprise, which are not recognized as representatives of the labor collective in the enterprise, shall not be entitled to enjoy preferences like the labor collective which purchases the enterprise.
4. Each laborer in the enterprise-purchasing collective is entitled to own a part of the enterprise’s value, corresponding to his/her contributed capital amount, has the rights and obligations of the capital contributors but must not assign his/her shares to persons outside the enterprise within 1 year after the purchase of the enterprise.
Article 51.- Preferences for purchasers not being labor collectives
1. If employing all the laborers of the enterprises (except for those who voluntarily terminate their labor contracts) and providing jobs for them for 1 consecutive year or more, they shall be entitled to the 50% reduction of the sale prices.
2. If employing from 50% to under 100% of the enterprises’ laborers to work at the new enterprises and providing jobs for them for 1 consecutive year or more, they shall be entitled to the 30% reduction of the sale prices.
3. If only employing from 20% to under 50% of the enterprises’ laborers to work at the new enterprises and provide jobs for them for 1 consecutive year or more, they shall be entitled to the 20% reduction of the sale prices.
Article 52. - Preferences for purchasers who make the immediate payment
If the enterprise purchasers make the immediate payment in lump sum after the purchase, they shall be entitled to enjoy a maximum of 20% reduction of the sale prices; if the payment is made in many installments within a year after the purchase of the enterprises, they shall be entitled to the maximum of 10% reduction of the sale prices.
Article 53.- Policies towards laborers who are not employed by the enterprises
The laborers who are not employed by the purchasers or automatically terminate their contracts:
1. Before the sale of enterprises, they shall be distributed with the credit balances of the reward fund and the welfare find (in cash) by the enterprises;
2. They are entitled to enjoy other regimes prescribed by the labor legislation.
Tìm kiếm
Nghị định 103/1999/NĐ-CP (Bản Word)