Employees who commit to working long-term for businesses are allowed to buy more shares

Legal Consulting Office of Lao Dong Newspaper answers:

Clause 2, Article 43 of Decree 57/2026/ND-CP on restructuring state capital in enterprises (effective from February 13, 2026) stipulates as follows:

Employees working under labor contracts and enterprise managers of equitized enterprises at the time of determining the value of equitized enterprises, who are subjects of enterprises needing to use and have committed to working long-term for the enterprise for at least 03 years (from the date the enterprise is granted the first Business Registration Certificate) will be allowed to buy additional shares according to the following regulations:

a) Buy additionally at a rate of 200 shares/01 year of commitment to continue working in the enterprise but not exceeding 2,000 shares for one employee.

Employees who are good experts with high professional qualifications are allowed to buy additional 500 shares/01 year of commitment to continue working in the enterprise, but not more than 5,000 shares per employee. Equitized enterprises, based on the specific nature of their industry and business field, develop and decide on criteria to identify good experts with high professional qualifications and must be unanimously approved at the Employee Conference of the enterprise before equitization;

b) The selling price of shares to employees who buy additional shares specified in point a of this clause is the starting price approved by the representative agency of the owner in the equitization plan;

c) Each employee is only entitled to purchase additional shares at a level specified in point a of this clause;

d) The additional shares purchased by employees specified in point a, clause 2 of this Article are converted into common shares after the committed period ends.

In case the joint-stock company implements changes in structure, technology, relocates or narrows production and business locations as required by competent state agencies, leading to employees having to terminate labor contracts, quit their jobs, lose their jobs according to the provisions of the Labor Code before the committed deadline, the additionally purchased shares will be converted into common shares. In case employees have a need to resell these shares to the enterprise, the joint-stock company is responsible for repurchasing them at a price close to the transaction price on the market.

In case the employee terminates the labor contract before the committed term, they must resell to the joint stock company the entire number of shares that have been additionally purchased at a price close to the market transaction price but not exceeding the purchased price at the time of equitization;

e) The number of shares employees are allowed to buy additionally specified in point a, clause 2 of this Article is determined according to the committed time of continuing to work to reach retirement age for employees in normal working conditions as prescribed in the current Labor Code.

Thus, from February 13, 2026, when the enterprise is equitized, employees who commit to working long-term for the enterprise for at least 3 years will be allowed to buy up to a maximum of 2,000 to 5,000 shares depending on the employee.