Through the receiving and responding system to the recommendations of businesses, Ms. Nguyen Thi Van, Viet Tri Chemical Joint Stock Company (in Phu Tho Province) would like to request  the authorities to answer problems when doing. Share purchase regime at preferential prices according to Decree No. 126/2017 / ND-CP of the Government.

According to Point b, Clause 1, Article 42 of Decree No. 126/2017 / ND-CP stipulates: “The subjects specified at Point a, Clause 1 of this Article can buy up to 100 shares for each actual working year. in the State sector with the selling price equal to 60% of the value of a share, calculated at par value (10,000 VND / share) ”.

At Point b, Clause 2, Article 5 of Circular No. 07/2018 / TT-BLDTBXH, the actual time that the person buying shares at preferential prices has worked (accumulated) at state administrative agencies. State non-business units, political organizations, socio-political organizations, units of the armed forces (including the time the employee is on military service), enterprises held by the State 100% of the charter capital or the enterprise of which 100% charter capital is held by a State enterprise has 100% other charter capital investment before returning to work in the equitized enterprise or before returning to work in the merged enterprise merger, consolidate with an equitized enterprise or split or split into an equitized enterprise (if any).

Based on the above provisions, Ms. Van ưthe authorities to answer, in case the employee had worked at the People's Committee of commune A (State) from 1986 to 1998, then continued to work at State-owned Enterprise B from 1998 to 2006; from 2007 to 2010, he moved to work at joint-stock company C (which is a company that is not converted from State-owned enterprise B and has no State capital) and from 2011 until now he has worked at company. State D is a  company preparing to equitize, the time to buy preferential shares of employees is determined to include the working time in the State sector in the period 1986 - 2006 and the working period. in State-owned company D from 2011 to now, or only the period working at State-owned enterprise D from 2011 to now is the time to buy preferred shares?

Regarding this issue, The Bureau of Labor Relations and Wages, the Ministry of Labor, War Invalids and Social Affairs, has the following opinions:

Under the provisions of Point b, Clause 1, Article 42 of Decree No. 126/2017 / ND-CP dated November 16, 2017 of the Government regulating the transfer of State enterprises and single-member limited liability companies with businesses The State invests 100% of the charter capital into joint-stock companies, the subjects specified at Point a, Clause 1 of this Article may buy up to 100 shares for each year they actually work in the State sector at the selling price. equal to 60% of the value of 1 share calculated at par value (VND 10,000 / share).

Under the provisions of Point b, Clause 2, Article 5 of the Circular No. 07/2018 / TT-BLDTBXH dated August 1, 2018 of the Ministry of Labor, War Invalids and Social Affairs guiding the development of plans for the employment of employees and currently, the policy for employees when equitizing according to Decree No. 126/2017 / ND-CP, the actual time that the subjects buying shares at preferential prices have worked (accumulated) at the administrative office of the House. State, state non-business units, political organizations, socio-political organizations, armed force units (including the time the employee is on military service), enterprises of which the State holds hold 100% of the charter capital or the enterprise of which 100% charter capital is held by a State enterprise before returning to work in the equitized enterprise or before returning to work at the merged or merged enterprise Enterprise equitized or divided, split into an equitized enterprise (if any).

Under the provisions of Point b, Clause 2, Article 5 of the Circular No. 07/2018 / TT-BLDTBXH dated August 1, 2018 of the Ministry of Labor, War Invalids and Social Affairs guiding the development of plans for the employment of employees and currently, the policy for employees when equitizing according to Decree No. 126/2017 / ND-CP, the actual time that the subjects buying shares at preferential prices have worked (accumulated) at the administrative office of the House. State, state non-business units, political organizations, socio-political organizations, armed force units (including the time the employee is on military service), enterprises of which the State holds hold 100% of the charter capital or the enterprise of which 100% charter capital is held by a State enterprise before returning to work in the equitized enterprise or before returning to work at the merged or merged enterprise Enterprise equitized or divided, split into an equitized enterprise (if any).

Based on the above provisions and contents of the above-mentioned Ms. Van, the employee's working time in the State sector to calculate the purchase of shares at a preferential price includes: The working time at State enterprise B from five 1998 to 2006 and working time in State-owned enterprise D from 2011 to present.

Particularly, the time the employees worked at the People's Committee of commune A from 1986 to 1998 did not specify the working form at the commune People's Committee, so there was not enough grounds for guidance.