Circular No. 18/2005/TT-BLDTBXH amends and supplements Circular No. 19/2004/TT-BLDTBXH on policies for surplus labor due to restructuring state-owned enterprises. This document stipulates the method of calculating salaries and salary allowances to implement the policy under Government Decree No. 41/2002/NĐ-CP, applicable from October 1, 2004.
적용 범위
Surplus labor due to restructuring state-owned enterprises
핵심 사항
- Workers with a decision to cease employment before October 1, 2004: Salaries and salary allowances are calculated according to Government Decrees No. 26/CP (1993) and No. 25/CP (1993).
- Workers with a decision to cease employment from October 1, 2004 onwards: The salary for calculating unemployment benefits is calculated according to Government Decrees No. 26/CP (1993) and No. 25/CP (1993); the salary for six months of job search and 70% of the salary for the remaining months not yet completed under the labor contract is calculated according to Government Decree No. 205/2004/NĐ-CP.
- The minimum salary level for calculating the benefit is 210,000 VND/month (before January 1, 2003) and 290,000 VND/month (from January 1, 2003 onwards).
- The difference in redundancy benefits is calculated according to formulas 7, 8, 9, 10, and the surplus redundancy support fund is requested to provide additional funding.
- Units implementing ownership conversion, dissolution, or bankruptcy must establish a working group to calculate the difference.
🌐 이 문서의 사회적 영향
- Positive impact: Ensuring the rights of surplus workers.
- Negative impact: Increasing costs for enterprises during the restructuring process, affecting economic efficiency.
❓ 자주 묻는 질문
How is the salary for calculating unemployment benefits determined?
The salary for calculating unemployment benefits is calculated according to Government Decrees No. 26/CP (1993) and No. 25/CP (1993); the salary for six months of job search and 70% of the salary for the remaining months not yet completed under the labor contract is calculated according to Government Decree No. 205/2004/NĐ-CP.
What is the minimum salary level for calculating the benefit?
The minimum salary level for calculating the benefit is 210,000 VND/month (before January 1, 2003) and 290,000 VND/month (from January 1, 2003 onwards).
How is the difference in redundancy benefits calculated?
The difference in redundancy benefits is calculated according to formulas 7, 8, 9, 10, and the surplus redundancy support fund is requested to provide additional funding.
Who is affected?
Surplus labor due to restructuring state-owned enterprises.
When does this Circular take effect?
This Circular takes effect fifteen days after its publication in the Official Gazette and is applicable from October 1, 2004.
전문
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MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS AFFAIRS |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 18/2005/TT-LDTBXH |
Hanoi, May 11, 2005 |
CIRCULAR
Regarding the Amendment and Supplement to Circular No. 19/2004/TT-LDTBXH dated November 22, 2004 guiding the implementation of certain provisions of Government Decree No. 41/2002/NĐ-CP
dated April 11, 2002 on policies for surplus labor due to restructuring state-owned enterprises
Pursuant to Government Decree No. 41/2002/NĐ-CP dated April 11, 2002 on policies for surplus labor due to restructuring state-owned enterprises, which has been amended and supplemented by Government Decree No. 155/2004/NĐ-CP dated August 10, 2004, and other relevant decrees including Government Decree No. 203/2004/NĐ-CP dated December 14, 2004 on the minimum wage, Government Decree No. 204/2004/NĐ-CP dated December 14, 2004 on salary systems for civil servants, public officials, and armed forces personnel, and Government Decree No. 205/2004/NĐ-CP dated December 14, 2004 on the wage scale and salary system in state-owned companies; following comments from several ministries, the Vietnam General Confederation of Labor, and the Prime Minister's Office Circular No. 2035/VPCP-ĐMDN dated April 19, 2005 regarding "salary for implementing policies under Government Decree No. 41/2002/NĐ-CP", the Ministry of Labour, Invalids and Social Affairs amends and supplements some articles of Circular No. 19/2004/TT-LDTBXH dated November 22, 2004 as follows:
1. Amend and supplement the paragraph "Salary and allowances..." at point 1, item II of Circular No. 19/2004/TT-LDTBXH as follows:
"The salary and allowances for implementing policies as stipulated in point b, Clause 1, Article 3 of Government Decree No. 41/2002/NĐ-CP, which has been amended and supplemented, shall be the rank-based and position-based salary and allowance as prescribed in Government Decree No. 205/2004/NĐ-CP dated December 14, 2004 on the wage scale and salary system and allowance system in state-owned companies; and Government Decree No. 204/2004/NĐ-CP dated December 14, 2004 on salary systems for civil servants, public officials, and armed forces personnel."
2. Amend and supplement the paragraph "salary and allowances for implementing policies for workers as stipulated in Clause 3, Article 3, and Article 4 of Government Decree No. 41/2002/NĐ-CP, which has been amended and supplemented, shall be implemented according to the provisions at point 1, item II of this circular. In cases where there is a fractional month, it shall be calculated according to the provisions at point 1, item II of this circular" at point 1, item II of Circular No. 19/2004/TT-LDTBXH as follows:
"The salary and allowances for implementing policies for workers as stipulated in Clause 3, Article 3, and Article 4 of Government Decree No. 41/2002/NĐ-CP, which has been amended and supplemented, shall be implemented as follows:"
- For workers who have a decision to stop working before October 1, 2004, the salary and allowances for implementing policies as stipulated in Government Decree No. 41/2002/NĐ-CP, which has been amended and supplemented, shall be the rank-based and position-based salary and allowance as prescribed in Government Decree No. 26/CP dated May 23, 1993 on the temporary regulations on new salary systems in enterprises, and Government Decree No. 25/CP dated May 23, 1993 on the temporary regulations on new salary systems for civil servants, public officials, and armed forces personnel.
- For workers who have a decision to stop working from October 1, 2004 onwards, the salary for calculating unemployment benefits based on actual time worked in the state sector before October 1, 2004 shall be the rank-based and position-based salary and allowance as prescribed in Government Decree No. 26/CP dated May 23, 1993 on the temporary regulations on new salary systems in enterprises, and Government Decree No. 25/CP dated May 23, 1993 on the temporary regulations on new salary systems for civil servants, public officials, and armed forces personnel; The salary for calculating unemployment benefits based on actual time worked in the state sector from October 1, 2004 onwards, the salary for the six months spent looking for work, and 70% of the salary for the remaining months not yet completed under the labor contract, but not exceeding twelve months, shall be the rank-based and position-based salary and allowance as prescribed in Government Decree No. 205/2004/NĐ-CP dated December 14, 2004 on the wage scale and salary system in state-owned companies, and Government Decree No. 204/2004/NĐ-CP dated December 14, 2004 on salary systems for civil servants, public officials, and armed forces personnel.
For joint-stock companies operating for twelve months, the salary and allowances (if any) shall be calculated at the time the business registration certificate is issued according to the Enterprise Law and at each stage (before and after October 1, 2004) mentioned above.
The minimum wage level serving as the basis for implementing policies for the aforementioned subjects at point c, point 1, and point 2, item II of this circular shall be implemented according to Clause 3, Article 2 of Government Decree No. 203/2004/NĐ-CP dated December 14, 2004 on the minimum wage, specifically as follows:
- Unemployment benefits for actual time worked in the state sector before January 1, 2003 shall be calculated at a minimum wage of 210,000 VND/month.
- Unemployment benefits for actual time worked in the state sector from January 1, 2003 onwards shall be calculated at a minimum wage of 290,000 VND/month; the allowance for job search and 70% of the salary for the remaining months not yet completed under the labor contract shall be calculated at a minimum wage of 290,000 VND/month.
In cases where there is a fractional month, it shall be calculated according to the provisions at point c, point 1, item II of this circular.
3. Amend and supplement Model No. 9, Model No. 10 attached to Circular No. 19/2004/TT-LDTBXH and add Model No. 15.
Amend Model No. 9, Model No. 10 and add Model No. 15 as attached to this circular.
This circular shall take effect fifteen days after its publication in the Official Gazette.
The policies stipulated in this circular shall be applied from October 1, 2004.
3. Amend and supplement Model No. 9 and Model No. 10 attached to Circular No. 19/2004/TT-BLDTBXH, and add Model No. 15.
Amend Model No. 9, Model No. 10, and add Model No. 15 as attached to this Circular.
This Circular takes effect fifteen days after its publication in the Official Gazette.
The provisions set forth in this Circular shall be implemented from October 1, 2004.
Workers who are surplus and cease work from October 1, 2004 onwards, if they have not yet received the allowance as prescribed in this Circular, shall be entitled to claim the difference. The unit receiving funds from the Surplus Labor Support Fund shall be responsible for calculating the difference in surplus labor allowances; requesting the Surplus Labor Support Fund to supplement funding (according to Form No. 15 prescribed in this Circular); organizing the repayment to workers within sixty days from the date of receipt of funds from the Fund.
The difference in surplus labor allowances shall be calculated as follows:
- For those retiring early: calculate the difference according to Form No. 7 with salary and subsistence allowance parameters before and after October 1, 2004.
- For unemployed workers: calculate the difference according to Forms No. 9 and No. 10 with salary and subsistence allowance parameters before and after October 1, 2004.
- Calculate the difference according to Form No. 8 with salary and subsistence allowance parameters before and after October 1, 2004.
Aggregate into Form No. 15 to request the Fund to supplement funding.
In cases where the surplus labor plan has been approved by the competent authority, the unit shall continue to implement as prescribed in Circular No. 19/2004/TT-BLDTBXH, calculate the difference, request the Surplus Labor Support Fund to supplement funding, and organize payment to workers according to the above guidance.
For units implementing ownership transfer, dissolution, or bankruptcy, the competent authority approving the surplus labor plan shall decide to establish a working group to calculate the difference, request the Fund to supplement funding, and organize payment to workers.
In cases where the surplus labor plan has not been approved by the competent authority, the unit shall recalculate the benefits according to Circular No. 19/2004/TT-BLDTBXH and this Circular, complete the plan, and submit it to the competent authority for approval.
During implementation, if there are any difficulties, the Ministries, sectors, and localities are requested to report to the Ministry of Labor, Invalids, and Social Affairs for research and resolution.
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THE MINISTER MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS SOCIAL
(Signed)
Nguyen Thi Hang |
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