Decree 93/2015/nd-Cp: On The Organization Management And Operation Of The Defense Business, Security

Original Language Title: Nghị định 93/2015/NĐ-CP: Về tổ chức quản lý và hoạt động của doanh nghiệp quốc phòng, an ninh

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THE GOVERNMENT.
Number: 93 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 15, 2015

DECREE

About the management and operations organization of the defense business, an in Oh.

____________________

The T-Law Base. socket Ch. I'm The government on December 25, 2001;

Corporate Law Base June 26. 11 in 2014;

The Management Law Base, which uses state capital And As a result of the production, business at the business of the 26th Ah! - 11 in 2014;

At the suggestion of Minister K What? You know, the investment,

Ch I'm The government issued the decree. Okay. t socket management and operations of defense, security.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree provides for the management and operations organization of the defense business, security.

2. The new establishment, merger, merge, division, dissolution, dissolution, bankruptcy and other content on the management and operations organization of the defence business, security is not regulated at this decree, as defined by the Law of Enterprise Law. and the execs of the execs.

What? 2. Subject applies

This decree applies to defense businesses, security stipulated at Article 3 of this decree; organizations, individuals with regard to the organization of management, operation and inspection, oversight of defense, security.

What? 3. The condition of defining defense, security

1. Defense enterprises, security is a state business established or reorganized to carry out stable, regular tasks in industries, fields, addresses directly serving defense, security, or security secrecy and security. National security.

2. The business is determined to be a defense business, security must secure the following conditions:

-It's a state business in the Ministry of Defense, Department of Public Security.

-There are industry, the area of operations regulations at the Annex of the Department of Industry, the field or the location directly serving the defense, the security issued with this decree.

-Authoritated by the authority to hand over the production, supply of products, defense services, security or execution of defense duties, security of stability, regularly by the resources of the State or the resources of the business in line with the investment goal. It's a business establishment.

Chapter II

ORGANIZATION, THE OPERATION OF THE DEFENSE BUSINESS, SECURITY

What? 4. Rights and obligations of the defence business, security

In addition to the rights and obligations of the manufacturing business, the provision of products, the utility services stipulated at Article 9 of the relevant Enterprise and Legal Law, the defence of defence, security has the following rights and obligations:

1. Being the owner of the owner guarantees sufficient resources to carry out defense duties, security is delivered.

2. Used by the resources assigned to operate additional business in addition to the production plan, product supply, defense service, security or implementation of the defence, security duties, when ensuring the following conditions:

a) The owner of the owner allowed in writing;

b) Additional business activity has the purpose to combine defense, security, or to develop a capacity and efficiency of the use of assets after the completion of the production, product supply, defence service, security or implementation of the mission. Defense, security is delivered.

c) No reduction of capacity and influence on the production, product supply, defence service, security or implementation of defence duties, security is delivered;

d) Partial Accounting of the additional business activity under the rule of law;

It does the duty of filing a tax on the law.

3. The management of resources is assigned to carry out defense, security under existing regulations on management, use of state assets at the people's armed unit and the regulation of the relevant law.

4. Accept the decision of the representative agency on the transfer of the capital or property that serves the defense, security of the business to carry out the defense, security in other business in the case of necessity. The representative body of the federation is responsible for the debt and other asset obligations of the business in the event of a transfer of the capital or property to the defense, security of the business.

5. The case of change or the addition of the industry, the business profession, must be decided by the competent authority.

6. Accept law regulations on international cooperation and of the representative body of the owner when carrying out activities affiliated with the organization, foreign individuals to produce, provide products, defense services, security or exercise of defense duties, and provide the services to the public. security.

What? 5. The organizational structure of the defense business, security

1. Base to scale and the functioning of the operation of the business, the Ministry of Defense, the Ministry of Public Security decides to apply the organizational structure under a Member Council model, General Manager (Director), Controller (Board of Control) or according to the company Chair model, General Manager (Director), Controller (Control Board).

2. For the defense business, security operates in the sectors, the special sector, the management organization structure of the business decided by the Prime Minister.

3. Standards, conditions, appointments, dismissal procedures, procedures, commendation, discipline to the offices of the defense business, the security of the Ministry of Defense, the Ministry of Public Security.

What? 6. The mechanism works on businesses and workers at the defense business, security and security.

1. Corporate defense, security is applied to the following operating mechanisms:

a) Being exempt, reducing land rent, land use and land use tax on the land area serving defense duties, security is entrusted with and used in accordance with regulation at the Land Law and executor of the executor;

b) Are accounted for a number of specific expenses at the expense of the production of business (the case of not being supported by the state budget or with support but not enough) includes: The cost of paying, closing social insurance to the retired preparer; the guarantee of the military. for the officer, professional soldier, defense worker, corporal officer, public worker; payment of the expenses of the troops, the discharge, the service, the operation of the existing regime; the expenses for defense, security, and service. the defense, the relations of the people;

c) State-grade funds for maintenance, maintenance, repair of defense production lines, security in case of a cessation of production without the ability to offset costs;

d) Being supported by the state supports two reward funds and welfare by 2 months of pay, in the absence of sufficient sources to extract those two funds;

The state is supported by state funding, education at the site of no school under the public education system; medical funding for places due to special conditions must be maintained;

e) Defense business, security that performs tasks and operates on important strategic sites enjoying the regime, preferable policy and other support by the Prime Minister ' s decision.

2. The worker in the defense business, security is applied to the regimes, the following policy:

a) The wages of labor as officers, professional servicemen, corporal officers are calculated in accordance with the regulation of the regime, the policy of law to the officer and the professional soldier, the chief petty officer and the base of the business production results of the business. Oh,

b) When performing a defense, security, worker if injured or killed that is eligible, the standard is considered, confirmed to be the person with the law of the law of the public; the worker suffers from the accident. The law of labor law.

3. The state supports pay for the minimum number of workers who need to be maintained to operate defense production lines, security in the event of a cessation of production without the ability to offset costs.

Chapter III

DEFENSE ENTERPRISE MANAGEMENT, SECURITY

What? 7. Report mode, publish information on the defense business, security and security.

1. Before June 20 every year, the defense business, security must publish on the company ' s gates or electronic information pages, the agency representing the owner and the Ministry of Planning and Investment of the following information:

a) The name, the address of the headquarters, the representative of the law;

b) The operational history of the business, the long-term development goals, target implementation of the year and the goal of striving next year;

c) Report of key economic indicators (revenue, profit, filing of state budgets, equity, charter capital) years to adjoining;

d) Planning, arrangement results, enterprise innovation (if available); the list of companies held by the business above 50% of the charter capital;

Income per worker.

2. The base of regulation of the information must be published by the state enterprise, the defense business, the security must be sent out of public content due to the secret defense, security for the owner's representative body. Prior to August 31 each year, the body representative agency was responsible for aggreging and sending these information to the Ministry of Planning and Investment, the Ministry of Finance to monitor, have opinions or report the Prime Minister in case of need.

What? 8. Check, monitor, assess the operational effectiveness of the defense business, security and security.

1. Base to the current and regulatory regulations at this Decree, prior to April 30, year of year, the Ministry of Defense, the Ministry of Public Security Planning, the content, the test subject, oversight of the defense business, the security that he managed and sent to the Ministry of Planning. book and Investment, Ministry of Finance to coordinate deployment.

2. Before June 30, the Ministry of Defence, the Ministry of Public Security reported the Prime Minister and sent the Ministry of Planning and Investment, the Ministry of Finance reported on the operational situation of the defence business, security over the previous year. The report content includes a number of basic content on the operational situation of the defense business, security; the implementation of the order, the production of production planning, the provision of products, defense services, security or the implementation of defense, security; resulting production, product supply, defense services, security and execution of defense, security of the business; results of the implementation of operations mechanisms for businesses and workers at the defence business, security of scale, and security. In Article 6 of this decree.

What? 9. Order, plan or deliver a mission to the defense business, security.

1. Every year, the Ministry of Defence, the Ministry of Public Security plans to produce and supply products, defense services, security or defense duties, security for the business. The text of the planning of production and provision of products, defence services, security or defense duties, security is the basis for the business to be considered a national defense, security and implementation of regulations at Article 6 of this Decree.

2. The ordering mechanism, planning, price, or production fee, product supply, defense services, security and defense duties, security performed by the rule of law.

What? 10. Authority in recognition, public recognition of defense, security and security.

1. In the 01-year period since the date of this Decree is effective, the Prime Minister decides to recognize the defence of defense, security.

2. On a three-year term, the Prime Minister decides to recognize the defense business, security.

3. The Ministry of Planning and Investment chaired the appraisal of recognition, recognition of the defence business, security, the Prime Minister review, the decision.

What? 11. The process of recognition, public recognition of defense, security

1. In the 10-month period from the date of this decree taking effect, the Ministry of Defence, the Ministry of Public Security, the 3-Ministry of the Ministry of Public Affairs offers recognition, the recognition of the defence business, the security under regulation at Article 12 of this decree sending the Ministry of Planning and Investment. Oh,

2. At least 60 days before the national defense re-adoption, security pursuits at paragraph 2 Article 10 This decree, the Ministry of Defense, the Ministry of Public Security and the Department of Public Security, has been recognized as defense businesses, security, and security. (including those in defense, security, newly established security) to set up three public records of recognition, recognition of the defense business, the security under regulation at Article 12 of this decree sent to the Department of Planning and Investment. Oh,

3. After receiving enough recognition, the recognition of the defence business, security, the Ministry of Planning and Investment is responsible for presiding over the opinions of the Ministry of Finance and related agencies in case of need.

In the 15-day period of work, since the date of receiving the filing of recognition, the recognition of the defence, security, the Ministry of Finance and related agencies has the text to the Ministry of Planning and Investment for opinion on the content of the functional range, Your mission.

4. In the 10-day period of work, since the date received by the written opinion of the relevant agencies, the Ministry of Planning and Investment has the appraisal opinion on the case of the recognition of recognition, recognition of defense, security, the Prime Minister ' s Prime Minister. Look, it's decided.

The case has differing opinions on the key content of the Convention offering recognition, recognition of defence, security, Ministry of Planning and Investment held meeting with relevant agencies to unify the appraisal content before the Player of the Union. The government decides.

5. After an opinion of the appraisal of the Ministry of Planning and Investment, the Prime Minister decides to recognize, re-recognize the defense business, security.

6. For the establishment of a new defense business, security is the Prime Minister ' s written approval of the newly established business to the decision to recognize the defence of defense, security.

What? 12. The record offers recognition, recognition of defense, security and security.

The record offers recognition, recognition of the defense business, security of the following content:

1. Corporate name; industry, sector, operating venue of the business; products, services and defense tasks, security that the business performs in the last three years as of the time of the review.

2. Evaluation of the operating status of the business in the last 03 years as of the time of the review (which provides the amount of capital provisions, equity, tax-after-tax profit, budget filing, total debt payable, total labor ...).

3. Report on the production and supply of products, defense services, security or implementation of the defense, security of the state ordered by the State, the planning agreement for the last three years as of the time of the review.

4. The goal, the development plan of the business in the next 03 years since the time of the review.

5. Advantages, difficulties, entanged in the implementation of State Support policies of the production and supply of products, defense services, security or execution of defense, security.

6. Other content related to the recognition, recognition of defense, security (if available).

Chapter IV

EXECUTION CLAUSE

What? 13.

This decree has the enforcement effect since December 1, 2015 and replaces the Protocol No. 1. 104 /2010/NĐ-CP October 11, 2010 by the Government on the organization, management and operation of the LLC a member of the State as the direct owner serving the defense, security.

What? 14. Organization

1. In the 10-month period from the date of this Decree to take effect, the base of conditions stipulated at Article 2 Article 3 of this decree, the Ministry of Defense, the Ministry of Public Security is sweeping the state enterprises due to the completion of the management to perfect the offer. recognize, recognize the defense business, the security of the Department of Planning and Investment, the Prime Minister review, the decision.

State-owned state-owned enterprises, the Ministry of Public Security, are not defined as defense businesses, security must make a rearrangement of the criteria, the portfolio of business classification of 100% of state capital, regulation at the Corporate Law and Legal States. relevant in the following cases:

a) Not to meet the conditions for recognition, the recognition is that the defense business, the security under the provisions of Article 2 Article 3 of this decree;

b) During the recognition, the rerecognition is the defence business, security but not the Ministry of Defense, the Ministry of Public Security continues to order, deliver the production plan and supply of products, defense services, security or defense duties, security and security. Yes, In this case, the Department of Defense, the Ministry of Public Security reports the Prime Minister decides to take out of the defence business list, security after the opinion of the Ministry of Planning and Investment;

c) Too time to implement the recognition, the recognition of the defence business, the 6-month security under the regulation at this Decree without the Ministry of Defense, the Ministry of Public Security is reimbursable for recognition, recognition of defence, security, and security. to send the Department of Planning and Investment.

2. The Ministry of Finance chaired, in coordination with the Ministry of Labor-Trade and Social Affairs, the Ministry of Defence, the Ministry of Public Security directed the regulation at Article 6 of this Decree.

3. The base on the regulation of the law, the Ministry of Defense, the Department of Public Security implementing the report regime, which announces information on defense, security; standards, conditions, appointments, appointments, dismissal, dismissal, discipline, discipline, and discipline. the management functions of the defense business, the security of which he manages.

4. The organizations, individuals with regard to the governing and operational organization of the defense business, the security is responsible for the implementation of this decree ./

TM. CH THE GOVERNMENT
PRIME MINISTER


(signed)



Dao Dung

APPENDIX

THE CATEGORY OF INDUSTRY, SECTOR OR VENUE SERVING DEFENSE, SECURITY PROVIDED BY THE DEFENSE OF DEFENSE, SECURITY
(Board) with the S Protocol Stain. 93 /2015/NĐ-CP the date October 15 What? 2015 of Ch I'm The government.

1. Production of explosives, defense of defense, security.

2. Manufacturing chemicals and materials that are specialized in defense, security.

3. Research, production, repair, weapon improvements, defense, defense assistance tools, security; vehicles, equipment, cryptography materials; vehicles, professional engineering equipment, defense, security.

4. Transfer of technology and export, import weapons, military engineering equipment and cryptography.

5. Publishing, print, release of business documents, books, political newspapers, military personnel with the state security requirements.

6. Production of products, supplies, materials and armed forces serving the defense, security.

7. Manage, provide flight services serving defense, security.

8. Repair, new ship, boat, defense, security.

9. Survey, design, construction, repair of defense, security.

10. Do the tasks and operate on key strategic sites at: Border, sea, sea, area of defense economic zone and other venues according to the Prime Minister's decision.

11. Do the defense, security at the discretion of the Prime Minister and the Minister of Defense, Minister of Public Security ./.