Decision No. 104/2008/QD-BTC Regarding the amendment and supplementation of the Regulation on the management and use of the Enterprise Restructuring Support Fund for State-owned Groups, Corporations, and Parent Companies issued pursuant to Decision No. 09/2008/QD-BTC dated January 31, 2008, of the Minister of Finance.

Pursuant to …;

Regarding the amendment and supplementation of the Regulation on the management and use of the Enterprise Restructuring Support Fund at State-owned Groups, Corporations, and Parent Companies issued together with Decision No. 09/2008/QĐ-BTC dated January 31, 2008

of the Minister of Finance

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 109/2007/NĐ-CP dated June 26, 2007 of the Government on converting enterprises with 100% state capital into joint-stock companies;

-------------------------

THE MINISTER OF FINANCE

            - Pursuant to Decree No. 110/2007/NĐ-CP dated June 26, 2007 of the Government on policies for surplus labor due to the restructuring of state-owned enterprises;

Pursuant to Decision No. 113/2008/QĐ-TTg dated August 18, 2008 of the Prime Minister on the establishment and issuance of the Regulation on the management and use of the Central Enterprise Restructuring Support Fund;

Pursuant to Circular No. 1120/TTg-ĐMDN dated August 17, 2007 of the Prime Minister on implementing policies for surplus labor when converting enterprises with 100% state capital into joint-stock companies;

At the proposal of the Director of the Department of Corporate Finance,

Article 1.

Amending and supplementing some Articles of the Regulation on the management and use of the Enterprise Restructuring Support Fund at State-owned Groups, Corporations, and Parent Companies issued together with Decision No. 09/2008/QĐ-BTC dated January 31, 2008 of the Minister of Finance:

DECISION:

1. Amending and supplementing Article 7 as follows:"Article 7. Subjects eligible for support:

1. Surplus workers at state-owned farms and forestry enterprises, enterprises with 100% state capital under State-owned Groups, Corporations, and Parent Companies implementing reorganization and transformation forms according to the provisions of the law.

2. Surplus workers (listed in the regular workforce roster at the time of the decision to convert into joint-stock companies) from the second to the fifth year at joint-stock companies converted according to Decree No. 187/2004/NĐ-CP dated November 16, 2004 of the Government on converting state-owned companies into joint-stock companies and obtaining a Business Registration Certificate before August 1, 2007 (the date Decree No. 109/2007/NĐ-CP of the Government took effect).

3. Positions of members of the Board of Directors, General Manager, Deputy General Manager, Director, Deputy Director, Chief Accountant, members of the Supervisory Board at enterprises, farms, and forestry enterprises implementing reorganization and transformation according to Decree No. 110/2007/NĐ-CP."

2. Supplementing Point 3 at the end of Article 8 as follows:

"3. The provision of financial support for labor policies of joint-stock companies converted according to Decree No. 187/2004/NĐ-CP shall be carried out once a year and in accordance with Article 36 of Decree No. 187/2004/NĐ-CP."

3. Supplementing Point 9 at the end of Article 10 as follows:

"9. The application for financial support for resolving labor policies and benefits for surplus workers of joint-stock companies converted according to Decree No. 187/2004/NĐ-CP from the second to the fifth year after conversion into joint-stock companies includes:

a) Application for financial support for resolving benefits for surplus workers of the enterprise;

b) Roster of regular workers at the time of the decision to convert into joint-stock companies;

c) Labor restructuring plan approved by the Board of Directors;

d) Budget estimate;

đ) Financial settlement report of the immediately preceding year of labor restructuring implementation;

e) Copy of the Business Registration Certificate."

Article 2.

This Decision takes effect 15 days after its publication in the Official Gazette.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Committees of provinces and centrally-administered cities, Chairmen of the Boards of Directors of State-owned Groups and Corporations, Directors of the Department of Corporate Finance, agencies managing the Enterprise Restructuring Support Fund, and related organizations and individuals are responsible for implementing this Decision./. This Decision shall take effect fifteen days after its publication in the Official Gazette.

          Article 3. The Ministers of the Ministries, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of the People's Committees of provinces and centrally governed cities, Chairpersons of the Boards of Directors of State Corporations and State Joint Stock Companies, Directors of the Enterprise Finance Department, management bodies of the Enterprise Restructuring Support Fund, and related organizations and individuals are responsible for implementing this Decision./.