Chương III Nghị định 97/2022/NĐ-CP: Tổ chức thực hiện

Chapter III

IMPLEMENTATION ORGANIZATION

Article 9. Responsibilities of rearranged enterprises

Each rearranged enteprise shall:

1. Disseminate information on policies for redundant employees to its employees before and during the formulation of labour utilization plan.

2. Formulate the labour utilization plan as prescribed in Article 44 of the Labour Code and the procedures in Appendix I enclosed herewith.

3. Cooperate with the grassroots employees’ representative in collecting opinions about the labour utilization plan; submit the labour utilization plan to the owner’s representative agency for approval; disclose it to employees within 15 days from the date of approval.

4. Terminate employment contracts and give written notices to employees prescribed in Clause 1 Article 2 of this Decree; provide benefits for employees within 30 days from the date of termination of the employment contract; make payment and statement of funding for implementation of policies for redundant employees in accordance with regulations of law.

5. Request the provincial social security office to provide benefits for redundant employees as prescribed in Clauses 1, 2 and 3 Article 3 of this Decree; provide relevant documents for the social security office to serve its provision of benefits for redundant employees.

6. Submit reports to the owner’s representative agency on provision of benefits for redundant employees, using form No. 12 in Appendix II enclosed herewith, within 30 days from the completion of provision of benefits for redundant employees.

Article 10. Responsibilities of enterprises after rearrangement

After completing rearrangement procedures, each enterprise shall:

1. Implement the approved labour utilization plan; assign works to its employees in conformity with its business operations.

2. Pay severance allowance and redundancy allowance to employees who are transferred from the rearranged enterprise according to the labour utilization plan approved by a competent authority in case they lose or wish to quit their jobs according to Articles 46 and 47 of the Labour Code and relevant guiding documents.

Article 11. Responsibilities of relevant authorities and organizations

1. The Ministry of Labour, War Invalids and Social Affairs of Vietnam shall:

a) inspect the implementation of policies for redundant employees laid down in this Decree;

b) prepare and submit consolidated reports on implementation of this Decree at the request of the Government or the Prime Minister.

2. The Ministry of Finance of Vietnam shall play the leading role and cooperate with relevant authorities in balancing and allocating estimated funding for recurrent expenditures to pay benefits to redundant employees prescribed in this Decree in accordance with applicable regulations on hierarchical management of state budget.

3. Provincial People's Committees shall balance and allocate their estimated funding for recurrent expenditures to pay benefits to redundant employees prescribed in this Decree in accordance with applicable regulations on hierarchical management of state budget.

4. Each owner’s representative agency shall fulfill responsibilities towards its affiliated rearranged enterprise as follows:

a) direct the rearranged enterprise to formulate the labour utilization plan in accordance with regulations of law and pay benefits to the redundant employees in accordance with this Decree;

b) consider giving approval for the labour utilization plan in accordance with this Decree before approving the rearrangement plan; consider giving approval for the modified labour utilization plan (if any);

c) pay benefits to redundant employees of the enterprise following dissolution or bankruptcy procedures;

d) cooperate with relevant authorities in making statement of funding for paying benefits to redundant employees;

dd) inspect the implementation of policies for redundant employees of the rearranged enterprise as prescribed in this Decree;

e) submit reports on implementation of policies for redundant employees, using Form No. 13 in Appendix II enclosed herewith at the request of the Ministry of Labour, War Invalids and Social Affairs of Vietnam.

5. Vietnam Social Security Administration shall:

a) direct, instruct and inspect provincial social security offices' collection of social insurance contributions and provision of social insurance benefits for redundant employees as prescribed in Clauses 1, 2, 3 Article 3 and Clause 5 Article 13 of this Decree;

b) submit reports on collection of social insurance contributions and provision of early retirement benefits for redundant employees, using Form No. 14 in Appendix II enclosed herewith, at the request of the Ministry of Labour, War Invalids and Social Affairs of Vietnam.

6. request Vietnam General Confederation of Labour to:

a) direct and instruct grassroots employees’ representative to cooperate with the rearranged enterprise in disseminating policies for redundant employees in accordance with regulations of law; giving opinions about the labour utilization plan; inspect provision of benefits for redundant employees of the rearranged enterprise;

b) cooperate with the Ministry of Labour, War Invalids and Social Affairs of Vietnam and the owner’s representative agency in inspecting the implementation of policies for redundant employees of the rearranged enterprise as prescribed in this Decree.

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