Chương V Quyết định 22/2015/QĐ-TTg: Chính sách đối với đơn vị sự nghiệp công lập chuyển đổi và người lao động

Chapter V

POLICIES TO THE TRANSFORMED PUBLIC NON-BUSINESS UNITS AND EMPLOYEES

Article 20. Preferential policies to the transformed public non-business units

1. Be exempt from registration fee upon transformation of assets under the management and use of the public non-business units into the ownership of the joint-stock companies;

2. Be exempt from fee for issue of Certificate of enterprise registration upon transformation of public non-business units into joint-stock companies;

3. Be entitled to re-sign contract of land, house or structure of state organs under regulations of law on land and assets.

4. Be entitled to maintain and develop their welfare fund in kind such as cultural works, clubs, hospitals, nursing house, nursery to ensure welfare for employees in the joint-stock companies;

5. For public non-business units operating in the area of sciencem technology, vocational training, health, sports and environment, when transformed into joint-stock companies shall continue to be entitled to the application of incentives on scientific and technological activities and policies to socialization encouragement as for enterprises operating in this area before transformation.

Article 21. Preferential policy to employees in the transformed public non-business units

1. The employees named in the regular list of the public non-business units at the time of announcement of value are entitled to buy a maximum of 100% shares for each year of actual working in the state sector at a selling price equal to 60% of the lowest successful auction price (in case of public auction first) or equal to 60% of lowest successful selling price to strategic investors (in case of sale to strategic investors first)

2. The employees named in the regular list of the units at the time of announcing the value of the transformed public non-business units and in need of use or having commitment to work at least for 03 years (from the date of issue of first Certificate of business registration) are entitled to buy additional stocks under the following provisions:

a) Additional purchase of 200 stocks for 01 year of commitment to continue to work but not exceeding a maximum of 2000 stocks/1 employee.

For employees as good specialists with highly qualified professional level and persons having applied scientific research and patent working at the public non-business units with commitment to long-term work for at least 05 years (from the date of issue of first Certificate of enterprise registration) may additionally purchase 800 share/1 year of commitment to continue to work but not exceeding a maximum of 8,000 shares for 01 employee. The Ministry managing sector and People’s Committee of provinces and centrally-run cities shall guide and inspect the transformed public non-business units under their management and economic groups and state corporations in formulation of criteria for defining good specialists and highly qualified professional persons in accordance with characteristics of industry and area of operation of the non-business units. These criteria must be unanimously approved by the units’ General Meeting of workers and employees.

b) The selling price of preferential shares to employees additionally purchasing as stipulated under Point a of this Clause is defined as the lowest successful auction price (in case of public auction first) or the lowest successful selling price to strategic investors (in case of sale to strategic investors first)

c) The number of preferential stock additionally purchased of employees, good specialist and highly qualified professional persons and persons having applied scientific research and patent working shall be transformed into ordinary shares after the end of committed time.

In case of transformation of public non-business units leading to the termination of labor contract, job leaving or job loss as stipulated by the Labor Code before the committed time, the number of share additionally purchased shall be transformed into ordinary shares. If the employees wish to sell such number of shares to their enterprises, the joint-stock companies shall purchase them at the price close to the market trading price.

Where the employees terminate their labor contract before the committed time or due to the subjective or unforeseen causes (such as death, loss of working ability...), the joint-stock companies shall pay the amount the employees have purchased the shares after deducting the benefits the employees are entitled from the preferential shares purchased. The joint-stock companies shall keep the above number of shares to sell to the new employees.

3. Be divided the balance in cash of reward fund and welfare fund including the assets used for activities specified in Clause 5 and 6, Article 8 of this Decision to purchase shares.

4. Continue to participate and enjoy the benefits of social security, health insurance and other benefits under the current regulations upon transformation into joint-stock companies.

5. Be entitled to the benefits of pension and other benefits under current regulations if meeting all conditions at the time of announcement of value of public non-business units.

6. The redundant employees at the time of announcement of value of public non-business units shall be entitled to the policies like redundant employees upon restructuring of one member limited liability companies owned by the State.