THE GOVERNMENT
-------
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
No: 41/2002/ND-CP
Hanoi, April 11, 2002
 
 DECREE
ON POLICIES TOWARDS LABORERS REDUNDANT DUE TO THE RESTRUCTURING OF STATE ENTERPRISES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23, 1994 Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
SCOPE AND SUBJECTS OF APPLICATION
Article 1.- This Decree’s application scope covers State enterprises which undertake the restructuring measures approved by the competent State agencies, including:
1. Enterprises holding 100% of State capital.
2. State enterprises converted into one-member limited liability companies.
3. State enterprises converted into joint-stock companies; joint-stock companies converted from State enterprises with operation duration of up to 12 months counting from the date they are granted business registration certificates under the Enterprises Law.
4. State enterprises undertaking merger or amalgamation.
5. State enterprises undertaking transfer, sale, business contracting, or lease.
6. State enterprises being dissolved or going bankrupt.
Article 2.- Subjects of application of this Decree are laborers performing labor contracts with indefinite terms or terms ranging from 1 to 3 years, including:
1. Redundant laborers in the enterprises defined in Clauses 1, 2, 3, 4 and 5, Article 1 of this Decree, who had been recruited before April 21, 1998 (the time of implementation of the Prime Minister’s Directive No.20/1998/CT-TTg on boosting the restructuring and renovation of State enterprises), including:
a/ Working laborers, for whom, when being restructured, the enterprises cannot find jobs though every measure has been taken to create jobs.
Click Download to see full text