The Government has just issued Decree No. 57/2026/ND-CP on restructuring state capital in enterprises, which includes noteworthy contents on policies for employees (employees) when enterprises are equitized.
The Decree specifically stipulates the policy of selling shares to employees, including shares sold at preferential prices to employees.
The regulated subjects are allowed to buy a maximum of 100 shares for each year of actual work in the state sector at a selling price equal to 60% of the value of 1 share calculated at par value (10,000 VND/share).
For employees representing households receiving contracts (each household receiving contracts appoints a representative employee) at the time of determining the value of the equitized enterprise with a long-term stable contract with an agricultural and forestry company when transferring to a joint-stock company, they are allowed to buy a maximum of 100 shares per year of actual contract ownership with the company at a selling price equal to 60% of the value of 1 share calculated at par value (10,000 VND/share).
The difference between the selling price to employees and the par value of shares as prescribed is deducted from the value of the state capital when finalizing at the time the enterprise officially transforms into a joint-stock company.
The shares sold at preferential prices as prescribed in this clause, employees must hold and are not allowed to transfer within 3 years from the time of payment for preferential share purchase.
The total value of shares sold at preferential prices to employees calculated at par value does not exceed the value of owner's equity according to accounting books at the time of determining enterprise value.
Employees working under labor contracts and enterprise managers of equitized enterprises at the time of determining the value of equitized enterprises, who are subjects that enterprises need to use and have committed to working long-term for the enterprise for at least 3 years will be allowed to buy additional shares according to the following regulations:
Buy more at a rate of 200 shares/1 year, committing to continue working in the enterprise but not exceeding 2,000 shares per employee.
Employees who are good experts with high professional qualifications are allowed to buy additional shares at a rate of 500 shares/1 year of committing to continue working in the enterprise, but a maximum of no more than 5,000 shares per employee.
The Decree stipulates: Employees working under labor contracts and employees of equitized enterprises at the time of determining the value of equitized enterprises who have been assigned to represent capital in other enterprises but cannot be arranged jobs at the joint-stock company according to the labor use plan will enjoy policies for redundant employees according to the provisions of law.
Enterprise managers are considered and decided to arrange jobs by the representative agency of the owner. In case the representative agency of the owner has taken all measures but cannot arrange jobs, they are entitled to policies such as staff streamlining policies for cadres and civil servants according to the provisions of law.
Level II business managers are considered and decided to arrange jobs by the Members' Council or Chairmen of state-owned enterprises. In case all measures have been taken but jobs cannot be arranged, policies are resolved according to the provisions of labor law.
