Circular No. 16/2005/TT-BLDTBXH guiding the implementation of certain provisions on labor policies pursuant to Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on the reorganization, renovation, and development of state-owned agricultural farms and Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on the reorganization, renovation, and development of state-owned forestry farms.

CIRCULAR

Guidelines for implementing certain provisions on labor policies pursuant to

Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on restructuring, reforming, and developing state-owned agricultural farms and Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on restructuring, reforming, and developing state-owned forestry farms

Implementing Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on restructuring, reforming, and developing state-owned agricultural farms and Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on restructuring, reforming, and developing state-owned forestry farms; after receiving opinions from relevant ministries, sectors, and the Vietnam General Confederation of Labor, the Ministry of Labor - Invalids and Social Affairs provides guidelines for implementing policies towards workers as follows:

a. State-owned agricultural farms as defined in Article 1 and restructured according to the provisions of Articles 4, 5, Clause 3, and Clause 7, Article 7 of Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on restructuring, reforming, and developing state-owned agricultural farms (hereinafter referred to as Decree No. 170/2004/NĐ-CP);

b. State-owned forestry farms as defined in Clause 2, Article 1 and restructured according to the provisions of Article 4, Clause 1, and Clause 2, Article 5, and Clause 2, Article 9 of Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on restructuring, reforming, and developing state-owned forestry farms (hereinafter referred to as Decree No. 200/2004/NĐ-CP).

I. GENERAL PROVISIONS

Article 1. Scope of Application:

Current staff members of state-owned agricultural farms and forestry farms (hereinafter collectively referred to as agricultural and forestry farms) at the time of restructuring according to the provisions of Clause 1, Article 8 of Decree No. 170/2004/NĐ-CP and Clause 1, Article 10 of Decree No. 200/2004/NĐ-CP include:

a. Workers not subject to employment contracts (Directors, Deputy Directors, Chief Accountants, Members of the Management Board);

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

b. Workers currently employed under various types of employment contracts, including those recruited to work in the state sector before August 30, 1990, who have not yet transferred to employment contracts at the time of restructuring agricultural and forestry farms. The subjects mentioned in this paragraph also include workers currently performing land use contracts with agricultural and forestry farms as stipulated in Clause 1, Article 3 of Decree No. 01/CP dated January 4, 1995 of the Government promulgating regulations on the allocation of land for agricultural, forestry, and aquaculture production in state-owned enterprises (hereinafter referred to as Decree No. 01/CP);

c. The subjects specified in paragraphs a and b above, who are on leave under social insurance schemes (illness, maternity, occupational accidents, occupational diseases), temporarily suspended from employment contracts, or temporarily absent from work as decided by the Director of agricultural and forestry farms at the time of restructuring.

3. The time point for restructuring agricultural and forestry farms is the time when the competent state authority issues a decision to implement the restructuring.

II. POLICIES FOR WORKERS AT THE TIME OF RESTRUCTURING AGRICULTURAL AND FORESTRY FARMS

When the competent state authority issues a decision on restructuring agricultural and forestry farms in accordance with Decree No. 170/2004/NĐ-CP and Decree No. 200/2004/NĐ-CP, the Director of agricultural and forestry farms shall develop a labor utilization plan (included in the restructuring plan of agricultural and forestry farms), submit it to the competent state authority for approval to resolve benefits for workers as follows:

1. The labor utilization plan of agricultural and forestry farms according to Clause 1, Article 8 of Decree No. 170/2004/NĐ-CP and Clause 1, Article 10 of Decree No. 200/2004/NĐ-CP:

a. Compile a list of current workers of agricultural and forestry farms including the number of workers not subject to employment contracts; workers under employment contracts (including those receiving land allocations) according to Model No. 1 attached hereto;

b. Conduct classification and compile specific lists of worker categories as follows:

b1. List of workers eligible for retirement according to the current Social Insurance Regulations;

b2. List of workers whose employment contracts will be terminated, including: expiration of employment contracts, voluntary termination of employment contracts, or other reasons as prescribed by law;

b3. List of workers who will transfer to work at Forest Protection Management Boards and Specialized Forest Management Boards operating under the mechanism of self-financing public service units as stipulated in Clause 2 and Clause 3, Article 4 of Decree No. 200/2004/NĐ-CP;

b4. List of workers who will continue working at entities within the scope of handover as stipulated in Clause 3, Article 7 of Decree No. 170/2004/NĐ-CP and Clause 2, Article 9 of Decree No. 200/2004/NĐ-CP;

b5. List of workers who cannot be assigned jobs;

b6. List of workers who will continue working at state-owned agricultural and forestry farms, including remaining workers of agricultural and forestry farms, including those requiring retraining for employment.

Specific lists from b1 to b6 are compiled by agricultural and forestry farms and consolidated into Model No. 2 attached hereto.

For workers as specified in point b, separate lists are prepared for two types: a list of workers not allocated land or forests by agricultural and forestry farms; a list of workers already allocated land or forests by agricultural and forestry farms according to Decree No. 41/2002/NĐ-CP dated April 11, 2002 of the Government and Decree No. 155/2004/NĐ-CP dated August 10, 2004 of the Government (hereinafter referred to as Decree No. 41/2002/NĐ-CP amended and supplemented) and Circular No. 19/2004/TT-BLDTBXH dated November 22, 2004 of the Ministry of Labor - Invalids and Social Affairs guiding the implementation of the aforementioned decree.

2. Policies for workers at the time of implementing the restructuring of agricultural and forestry farms:

a. For workers eligible for retirement according to the Social Insurance Regulations as stipulated in point b1, paragraph b, Clause 1, Part II of this Circular, the Director of agricultural and forestry farms and the social insurance agency where the agricultural and forestry farm pays social insurance (hereinafter referred to as the social insurance agency) shall be responsible for completing necessary procedures and resolving benefits as prescribed in the Social Insurance Regulations.

2. Policy towards workers at the time of reorganizing farms and forestry units:

a. For workers who meet the retirement conditions stipulated in point b1 subitem b paragraph 1 Part II of this Circular, the Director of the farm or forestry unit and the social insurance agency where the farm or forestry unit pays social insurance (hereinafter referred to as the social insurance agency) shall be responsible for completing necessary procedures and settling benefits as prescribed in the Social Insurance Charter;

b. For workers whose labor contracts are terminated as provided for in point b2 sub-item b Clause 1 Part II of this Circular, the Director of forestry and logging farms shall settle the termination allowance and other benefits (if any) in accordance with the Labor Code, Decree No. 44/2003/ND-CP dated May 9, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor contracts, Circular No. 21/2003/TT-BLDTBXH of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 44/2003/ND-CP; carry out necessary procedures for the social insurance agency to settle benefits in accordance with the Social Insurance Regulations;

c. For workers who will continue working at Forest Protection Management Boards, Specialized Forest Management Boards, and self-financing public service units as provided for in point b3 sub-item b Clause 1 Part II of this Circular, the Director of logging farms shall be responsible for preparing separate lists and individual files to hand over to the Forest Protection Management Boards, Specialized Forest Management Boards, and self-financing public service units. The receiving units shall continue implementing the current policies and benefits for workers as prescribed;

d. For workers currently employed at facilities of forestry and logging farms handed over as provided for in point b4 sub-item b Clause 1 Part II of this Circular, the Director of forestry and logging farms shall be responsible for preparing lists and individual files to hand over to the receiving units. The receiving units shall be responsible for continuing to implement the labor contracts that the forestry and logging farms have signed with the workers until they are amended, supplemented, or new labor contracts are signed in accordance with Decree No. 44/2003/ND-CP dated May 9, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor contracts;

đ. For workers who fall under the category of those unable to be re-employed as provided for in point b5 sub-item b Clause 1 Part II of this Circular, the Director of forestry and logging farms shall be responsible for implementing policies in accordance with Decree No. 41/2002/ND-CP which has been amended and supplemented and Circular No. 19/2004/TT-BLDTBXH;

e. For workers at processing facilities or parts of forestry and logging farms converted into joint-stock companies as provided for in Clause 7 Article 7 of Decree No. 170/2004/ND-CP, Clause 6 Article 4, and Clause 2 Article 5 of Decree No. 200/2004/ND-CP, the policies shall be implemented according to Decree No. 187/2004/ND-CP dated November 16, 2004 of the Government on converting state-owned enterprises into joint-stock companies and Circular No. 13/2005/TT-BLDTBXH dated February 25, 2005 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of policies for workers under the aforementioned Decree No. 187/2004/ND-CP;

g. For workers of forestry and logging farms subject to dissolution as provided for in Clause 4 Article 4 of Decree No. 170/2004/ND-CP and Clause 5 Article of Decree No. 200/2004/ND-CP, the Director of forestry and logging farms shall implement labor policies in accordance with Decree No. 41/2002/ND-CP which has been amended and supplemented and Circular No. 19/2004/TT-BLDTBXH;

h. For workers not covered by labor contracts, the provisions of Clause 4 Article 8 of Decree No. 170/2004/ND-CP and Clause 2 Article 10 of Decree No. 200/2004/ND-CP of the Government shall apply;

III. IMPLEMENTATION

1. The Director of forestry and logging farms shall be responsible for:

a. Cooperating with the Executive Committee of the trade union of forestry and logging farms to disseminate policies and benefits for workers, seek their opinions on the labor utilization plan at the time of restructuring, submit it to the competent authority for approval; announce the approved labor utilization plan and settle policies for workers in accordance with current laws;

b. Strictly comply with current regulations on labor contract systems and collective labor agreements for workers who continue to be employed, including workers assigned by forestry and logging farms to use land;

c. Review necessary contents related to labor contracts in land lease contracts to supplement and adjust them in accordance with current labor laws and Decree No. 01/CP;

d. Settle all arrears in social insurance contributions and continue making timely and full social insurance contributions for workers who continue to be employed by forestry and logging farms;

đ. Report the results of implementing the labor utilization plan to the Department of Labor, Invalids and Social Affairs and local social insurance agencies;

2. Provincial People's Committees directly under the central government shall be responsible for directing the Department of Labor, Invalids and Social Affairs to coordinate with the Department of Agriculture and Rural Development, the Department of Finance, the State Enterprise Reform and Development Board, to guide, monitor, urge, and inspect the implementation of the provisions of Decree No. 170/2004/ND-CP, Decree No. 200/2004/ND-CP, and related legal documents concerning workers, compile the situation and report to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Agriculture and Rural Development, and the Ministry of Finance;

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution./.