Decree 92/2015/nd-Cp: On State Capital Investment In Business And Management, Use Of Capital Assets In The Enterprise

Original Language Title: Nghị định 91/2015/NĐ-CP: Về đầu tư vốn nhà nước vào doanh nghiệp và quản lý, sử dụng vốn, tài sản tại doanh nghiệp

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THE GOVERNMENT.
Number: 91 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 13, 2015

DECREE

V. State capital investment in business and management, capital use,

property at the business p

________________

Government Law Base December 25, 2001;

The Management Law Base, which uses state capital And A Yeah. in production, business at the business January 26 11 in 2014;

Corporate Law Base June 26. 11 in 2014;

The Investment Law Base November 26, 2014;

Public Investment Law Base June 18, 2014;

At the suggestion of the Minister of Finance,

The government issued a decree on investment of state capital into business and management, capital use, business assets.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree provides the investment of state capital into the enterprise; financial management of state enterprises and investment state capital management at the holding company, LLC's two-member LLC.

What? 2. Subject applies

1. Property representative agency.

2. State business includes:

a) The LLC a member of the state held 100% of the charter was the parent company of the state economic conglomerate, the parent company of the state corporation, the parent company in the parent company group.

b) A limited liability company by the State holds 100% of the charter capital.

3. The representative of the investment state capital at the holding company, LLC is a two-member LLC (later known as state equity representative).

4. Agency, organization, other individuals are involved in investment activity, management, use of property capital at the state-owned enterprise.

What? 3. Apply the relevant law

State enterprises operate in the industry, the field of particular financing in addition to the provisions of this decree, must follow the Government's own regulation of that particular. The case is different from the regulation at this decree, and it is done by the government's own regulation of that particular.

What? 4. Explain the word

In the Decree, hey, the words below are understood as follows:

1. The owner of the owner is the ministries, peer agencies, government subordination (later known as the Ministry of Industry Management); the People's Committee of the Provinces, the Central City of Central (later called the Provincial People's Committee) or the organization established. according to the rule of law.

2. The same finance agency is the Ministry of Finance for the state-owned enterprise led by the Prime Minister, the Department of the Department of Directors of the decision to establish or be delivered; the Finance Department for the state business led by the Provincial People ' s Commission decided to form. or be delivered.

3. The government ' s credit capital and capital investment credit is determined to be the state capital investment in the state-owned enterprise in the case of loans that have been repaid by the State, which the state decided to turn into capital. level of State for the business according to the decision of the competent authority.

4. The mobiling capital of the state-owned enterprise is the borrower ' s state-owned enterprise of credit organizations, other financial institutions, individuals in and out of the country; to issue bonds and other forms of capital raising under the rule of law to serve. Business production.

5. The capital of the State Investment in the other is a state capital investment in the holding company, LLC's two-member LLC becomes the owner of the equity equity.

6. The capital of the state business investment outside the business is the capital of the investment state business at the holding company, the LLC and other forms of investment under the rule of law.

Chapter II

INVESTMENT OF STATE CAPITAL INTO BUSINESS

Item 1

STATE CAPITAL INVESTMENT TO ESTABLISH STATE BUSINESS

What? 5. The scope of state capital investment to establish state business

1. State business offering products, essential utility services, social security guarantees, including:

a) Postal postal service;

b) Publishing (not including the print field and publishing of the publication);

c) Activities in the field of agriculture, forestry under the rule of law;

d) Management, exploitation of irrigation works, subprefecture hydrowater, interdistrict;

Management, exploitation, operating system of national railway infrastructure, urban rail; secure flight assurance; secure maritime safety;

e) The other case by the Prime Minister ' s decision.

2. State business operates in the area directly serving the defense, security under the Government ' s regulations.

3. State business operates in the field of natural monopoles, including:

a) The national power transmission system; the large scale hydroelectric power plant, the nuclear power plant, has a particularly important economic-social significance that is associated with defense, security;

b) In, mint money and gold production;

c)

d) The state-owned enterprise has a functional investment in state capital business, purchasing and handling debt restructure and regulatory assistance, macroeconomic stability; and other financial institutions.

Another case by the Prime Minister's decision.

4. State business application of high technology, large investment, rapid development dynamics for industries, other sectors and the economy.

What? 6. Presentation, state capital investment procedure to establish state-based business

1. The procedure, the procedure recommended investment of state capital to establish state business.

a) The owner of the filing owner provides a state capital investment proposal to establish a state-owned enterprise that sends the financial body to the same level in the 30-day period since the date of the decision to establish the state's state-owned enterprise.

The profile consists of:

-The copy of the decision to establish a state business of the competent authority is accompanied by the project to establish a state-owned enterprise. The project established the state enterprise implemented by the Government ' s provisions of the establishment, reorganization, business dissolution; and

-A copy of the documentation of the capital to establish a state enterprise has been granted jurisdiction (state budget capital, source of funds to support and develop the business, other state capital).

b) The financial body of the same level:

In the 15-day period, since the date received the filing of a state capital investment offer to establish a state-owned enterprise, the same finance agency has a responsibility for the regulatory of regulatory filings to implement capital investment procedures to establish a business. The state is regulated at the expense of two things.

The case case recommended capital investment to establish a state business that has not guaranteed the content by regulation, the financial agency must have a text (stating the reason) that answers the owner's agency on the 7-day deadline since the date received the record.

2. The procedure, the capital investment procedure to establish state business

a) For the newly established state enterprise with no investment project to build a fixed asset-shaped construction, base of capital charter in the decision to establish a licensed state enterprise, based on plans. Investment capital planning has been deployed in the funded state budget bill approved by approved and informed authority or investment capital from the Fund for the Arrangement And Development Assistance Fund has been approved by the Prime Minister, the real financial body. It ' s funded by the state enterprise.

b) For the newly established state enterprise on the basis of a property exchange from the completed construction project investment project, the decision base to establish a state-owned enterprise and the completion of completed construction work has been granted with a competent judge. The right to approve by regulation, investment owner, or body representative agency conducts the property table, which determines the source and state capital investment of the table work project for the state enterprise to complete the charter capital procedure for the business. The state.

The case of decision-making is complete but not granted approved authorship, the owner of the investment or agency of the owner of the state capital of the state capital in the bill to deliver the accounting state business; after the public decision. Having completed approval, the state business regulates the difference between the state capital, and the state capital was approved.

c) For the newly established state enterprise to implement the investment construction projects that shape the fixed assets of the state-owned enterprise, the granting of state capital to payment in the implementation process and the investment of state capital investment when the project is expected. For completion, the state enterprise complied with the order, the procedure of capital under the existing provisions of the law on management, used for capital investment from the state budget.

d) State capital sources invested in establishing a business by regulation at the points a, b, c This is determined to be the state-invested capital for state enterprise when established.

Where the actual charter capital is lower than the registered capital rate when establishing a state-owned enterprise, the business has the responsibility to make adjustments to the regulatory capital level in the Business Registration Certificate equal to the rule of law. The Business Law of 2014.

Item 2

INVESTMENT SUPPLEMALIZATION INVESTMENT FOR THE STATE BUSINESS IS IN OPERATION.

What? 7. The investment range adds a charter capital to the operating state business.

1. The investment capital addition applies only to the state business stipulated at Article 5 This decree is in operation and belonging to one of the specified cases at Clause 2 This Article.

2. The case is invested with the provision of the charter capital:

a) The functioning state enterprise has an effective assessment based on the criteria for effective evaluation of the regulations stipulated at this Article 8 which has the current regulatory capital not to guarantee the sector, the main business profession of the business has been established. The state has jurisdiction over the state.

b) The state enterprise directly serves the defense, security but the current charter does not guarantee the implementation of the State of the State duties.

What? 8. The criteria for evaluating the performance of the state business is operating.

1. The criteria for evaluating the performance of the state-owned enterprise implemented by the Government's regulation on financial oversight, evaluating the effectiveness of the functioning of the state-owned enterprise.

2. The state business that is determined to operate effectively must ensure a result of the state enterprise rating of the three adjacent years prior to the year of determining the additional capital of the charter to the B-type onwards according to the publication of the company's business classification results. Right.

What? 9. The method of determining the charter capital to the state business is operating

1. Base and regulatory capital determination:

a) The regulatory capital level of the state enterprise approved for a minimum applicable adjustment in the 03-year period since the date of the decision by the decision to approve the charter capital.

b) The regulatory capital adjustment level of the state enterprise is determined to correspond to capital funds from the state budget, the Fund for Arrangement Assistance, and Enterprise Development, Corporate Arrangements Fund at the Enterprise or Investment Fund developed in the United States. The state enterprise is inscribed in the capital investment project that serves as a business-producing property in the main business industry and serves directly to the main business sector that has been granted authority to approve or make an investment decision in the time. A minimum of 3 years from the year of determining the regulatory capital adjustment, including investment projects that have been granted approved authoritalization authority. I don't know.

c) For manufacturing operations, product business, goods, services, the determination of adjusted operating capital regulation into strategy, the business ' s 05-year business production plan has been granted a competent approx approval authorisation of the investment plan. The addition of capital supplements from the state budget, the Enterprise Arrangement Support Fund, the Fund for Arrangement Assistance and Corporate Development at the state-owned enterprise or the Development Investment Fund of the business in a minimum of 3 years from the year of determining capital adjustment. the rules of the state business.

The maximum adjusted capital adjustment rate by 30% of the odds projected increased revenue of manufacturing activity, product sales, goods, third-year service followed in comparison to the production of manufacturing operations, product sales, commodities, and business operations. The transaction in the financial statements of the business that was audits of the prior year adjacent to the year made a redefining of the charter capital.

d) The adjusted regulatory capital of the state enterprise is defined as follows:

Redefined rules

=

The specified capital was approved before the specified time.

+

Adjusted regulatory capital levels increase minimum in 03 years since the year of redefining

Adjusted regulatory capital levels increase minimum in 03 years since the year of redefining

=

The level of investment from the sources approved in the investment projects states at the point b 1 Article 9 This decree.

+

The level of investment from the sources is approved at the point of Article 1 Article 9 This Protocol.

2. The procedure, the approval procedure that regulates the charter capital level:

a) The state enterprise is invested in the additional investment capital of regulation at Article 7 of this Decree, which sets up a proposal to adjust the level of the charter capital and to the representative body of the owner for the appraisal. The profile consists of:

-The copy of the decision to approve the charter capital of the time competent authority before offering the regulatory capital adjustment of the state business;

-The method of the solution equation defines the regulatory capital rate (accompanied by a decision copy of the decision to approve construction investment projects related to the main business sector of the state-owned enterprise); the solution of capital sources to supplement the regulatory capital;

-The decision-level copy of the competent authority to publish the results of the business within the next three years before the recommended adjustment of capital.

b) The owner of the owner:

-In the 15-day period since the date of receiving the record of the state enterprise, the agency representative agency has the responsibility to check, determine the rate of regulatory capital guaranteed by regulation and submit the recommended text (accompanied by the business ' s profile) to the financial institution. It ' s the same level to consider, to participate in the opinion in writing.

The business case case is not guaranteed by regulation, the owner of the owner must have a document that offers the additional business to complete the filing in accordance with the stipulation of the 7-day period since the date received the case.

-The base of opinion involved with the text of the same level of finance agency, the agency that owns the complete owner of the file report the Prime Minister review, decided to adjust the level of the charter capital to the business led by the Prime Minister. Or businesses have an adjusted regulatory capital that is equivalent to the amount of capital of the nation ' s critical project after Congress decided to invest in investment;

-Determine the specified rate of capital redefining and the amount of capital that is required to be added to the business led by the owner's representative body established or entrusted with the management.

c) The financial body of the same level:

-In the 15-day period since the date received the recommended text of the owner ' s representative agency and the profile of the business, the same-level financial agency must have a written opinion on the regulation of regulatory capital that sends the owner representative body to complete. edit the Prime Minister ' s report to review, decide, or decide whether the regulatory capital is redefined to the business due to its decision to establish or be delivered;

-The case of a financial agency that does not accept the recommended profile of a business's regulatory capital must have a document (stating the reason) that answers the owner and business representative body for the 7-day period since the date of receiving the text. A representative of the owner of the owner.

What? 10. The procedure, the procedure, approves the filing of the investment offer supplemalization of the charter capital for the operating state business

1. State occupiers based on a redetermined regulatory capital rate and a lack of additional need have been granted approved by the prescribed authority at Article 9 of this Decree, setting up an offer to grant an investment authority to add capital to the business. The profile sent to the owner representative body includes:

a) The text offers the additional capital of the business.

b) The copy of the decision to approve the charter capital of the jurisdiction.

c) The report assessment of the financial status and the efficiency of business production of the business.

d) The goal, economic efficiency-the society of investing in the complementary capital.

The document of funds used to supplement the charter has been granted authoritalization of investment approval, which includes funding from the state budget; the Fund for Arrangement Assistance and Enterprise Development, Investment Fund developed at the business or business. The fund supports business in the business.

2. Property representative body:

a) In the 15-day period since the date of receiving the profile of the business, the owner of the owner is responsible for examining the prescribed assurance profile, which specifies the content of reporting, evaluation, accountability related to the addition of capital in the profile of the business. There is a written proposal (accompanied by a prescribed profile at this 1 Article) that sends the financial authority of the same level to coordinate the appraisal, complete the method before reporting the Prime Minister.

b) The business case case is not guaranteed by regulation, the owner of the owner must have an additional business offering document completion of the filing in accordance with the specified procedure, for the 7-day period since the date of the business's record.

3. Financial Agency on the same level:

a) In the 15-day period since the date received the recommended text of the owner ' s representative agency and the profile of the business, the same-level financial agency must have a written opinion on the additional investment of capital regulation to the business that sends the agency to the agency. owned by the decision or aggregation, reported the Prime Minister review, deciding the additional investment capital in the fiscal year for the business under the regulatory authority at Article 15 Management Law, using state capital invested in manufacturing, business in the United States and the United States. Business.

b) The case of the same financial institution on the same level does not accept that the filing of an investment offer of the company's charter in the fiscal year must have a text (stating the reason) that answers the owner and business representative body for the 7-day period since The receiving date of the representation of the owner of the owner.

4. For an additional investment methodology that uses the source of the fund to arrange and develop the business or source of the Enterprise-based Enterprise Support Fund to invest, the owner ' s agency must have a method of reporting the Ministry of Finance (accompanied). according to the filing of an investment offer supplemalization of the business ' s charter capital) to the appraisal and the Prime Minister to review, the decision.

What? 11. The procedure, the procedure of making an additional investment capital investment for the state business is operating.

1. The owner of the owner with the text (accompanied by the profile of the business that has been granted jurisdiction by regulation at Article 9 of this decree), recommended that the financial body make an additional investment capital grant capital to the business.

2. The financial institution with the same level of implementation of a charter capital supplement to the business according to the specific source of capital as follows:

a) The case of suppleminable capital supplements by state budget capital has been deployed in the state-funded state budget spending bill (according to the state budget management hierarchy) approved, informed, the financial institution that implement the capital from the state budget. the state budget for the business in order, the regulatory procedure of the State Budget Act.

b) The supplemalization of the supplemalization of the business from the Fund to support and develop the business, the decision base of the Prime Minister, the Ministry of Finance implemented from the Fund to support and develop the business for the business.

3. The business performs additional regulatory capital in the following circumstances:

a) Using a development fund developed at the business, the Foundation supports enterprise arrangements at the business to supplement the charter capital.

An additional regulatory capital, which has been granted to approve the approved authority, does the business implementing the development of the Development Investment Fund, and the Enterprise-based Support Fund in the business-raising business of the owner of the business.

b) The business of taking on the property from another place moves to investment by capital originating from the state budget, receiving money according to the State Assistance Policy (relocation assistance, rearrangement, housing processing, infrastructure support, infrastructure, etc.). The industrial zone) to implement the investment project, upgrade, renovation of the business production facility, the base enterprise on the decision to run the assets of the competent authorities and compile the assets, the state's pension decision, the real estate. It ' s an increase in the state of the business.

4. The business is responsible for making adjustments to the regulatory capital level in the Business Registration Certificate by the actual capital invested in the regulation of the Enterprise Law in 2014.

Section 3

STATE CAPITAL SUPPLEMENTS INVESTMENT AT THE HOLDING COMPANY, LLC ' S TWO-MEMBER LLC BECOMES MORE THAN A YEAR.

What? 12. The investment of investment state capital investment at the holding company, LLC is a two-member LLC.

1. The state of investment adds capital to maintain the equity rate, the state's contribution at the holding company, LLC's two-member LLC becomes one of the stipulated cases at Article 16 Management Law, which employs state capital invested in the product. Yeah, business in business.

2. The business continues to invest in capital investment to maintain the share rate, the state's contribution stipulated at Clause 1 This operates in the following sectors, the following field:

a) Mining, airport maintenance, airport; exploitation of seaport.

b) Management, maintenance of the road system, inland waterways; maintenance of the national railway infrastructure structure system.

c) Provide telecommunications infrastructure.

d) mineral exploitation; petroleum extraction, natural gas.

Oil, natural gas.

e) Proproducing cigarettes.

g) Sell the drug trade, cure diseases; sell food crops; wholesale gasoline.

The distribution of electricity.

i) Exit urban water; sanitation; urban lighting; mining, production, and supply of urban clean water.

n) Basic investigation of geology, meteorology; survey, exploration, investigation of soil resources, water, minerals, and natural resources.

l) Manufacturing, breeding stock of livestock plants and nefage; producing a vaccine for medical delivery, veterinary vaccine.

m) produce basic chemicals, chemochemistry, plant protection drugs.

n) International maritime transport, rail transport and air transport.

o) Active in the field of agriculture, forestry as prescribed by law.

What? 13. The procedure, the filing procedure for investing additional investment in the state capital at the holding company, LLC is a two-member LLC.

1. The representative of the state capital at the holding company, LLC's two-member LLC becomes a profile of a state capital investment offer at the holding company, LLC's two-member LLC to report the agency's agency. The property of the Government of the Government considers, decided before the representative of the state capital to participate in a vote at the Grand Council of shareholders or Member of the Assembly. Profile:

a) The copy of the Business Registration Certificate; the plan to increase the charter capital of the business.

b) The state of the supplemalization of state capital by regulation at Clause 1 Article 18, the use of state capital invested in the production of business at the business.

c) Copy that the most recent quarter or year-old financial report with the time of a state capital addition to add-to-business investment in the business has been audits.

d) Proposal of the investment capital supplemalization of state capital to maintain the state ' s capital rate at the equity firms, the two-member LLC has come up including capital from the state budget; the Fund for Arrangement Assistance and Enterprise Development; shares. Immediately, the profit is divided (if any).

2. Property representative body:

In the 15-day period since the date of receiving the profile of the state capital representative, the owner representing the owner has the responsibility to examine the prescribed assurance profile and submit the recommended text (accompanied by the prescribed profile at Article 1 Article) to the agency. The same level of financing is to determine before the completion of the Prime Minister's report, the decision, or decision to invest the state capital to maintain the percentage of the state's capital at the holding company, the two-member LLC. I ' m going to go up to the jurisdiction in Article 17 of the Law Management, which uses state capital invested in manufacturing, business at the business.

The case case is not guaranteed by the specified rules, the owner of the owner has the text that requires the additional representative, complete the filing under the correct stipulation in the 7-day period of work since the date received the case.

3. Financial agency on the same level: In the 15-day period since the date of receiving the filing and the proposed text of the owner representative body, the same-level financial agency must have a written opinion on the addition of state capital to maintain the share rate, which contributed. Business.

4. For the state equity investment approach at the holding company, the LLC 's two-member LLC has the need to recommend that the Prime Minister decide to use the Fund to support and develop the business to invest, the agency' s representative agency said. The owner must have a motion to send the Ministry of Finance (accompanied by a state-funded investment offer filing) to determine and report the Prime Minister to consider, decide.

What? 14. The self-granting of investment capital supplements the state capital at the holding company, LLC is a two-member LLC.

1. The agency represents the base of capital and capital used to invest the additional state capital at the holding company, LLC's two-member LLC has been granted competent authority (as stipulated at Article 13 of this decree), may have been approved. The document proposed the financial agency to implement the investment grant of state capital investment in the holding company, LLC's two-member LLC.

2. The financial agency on the same level, the base at the time of the equity contribution by the holding company 's announcement, the two-member LLC becomes up and the proposed text of the owner' s agency, implementing a state capital supplement to the holding company, said. Two-member limited liability company has been granted an approved investment authority:

a) The case of an additional investment of state capital from state budget capital that has scored in the bill of licensed state budgets (according to the state budget management hierarchy) approved, informed, the financial institution that implemented the capital from the budget. the state for the business according to the order, the regulatory procedure of the State Budget Law.

b) The state of investment state supplemalization at the holding company, LLC's two-member LLC returns from the Fund to support and develop the business, the decision base of the Prime Minister of the Government of the Government of the Administration to grant from the upcoming Support Fund. It ' s a business that ' s going to be a business.

c) The case of using dividends, profit is divided by the part of the state capital to invest the additional state capital at the holding company, the limited liability company of two or more, the business carrying out the state capital gains after the General Assembly resolution. The Council of shareholders, or the Council of Nations.

Section 4

STATE CAPITAL INVESTMENT TO BUY BACK PART OR THE ENTIRE BUSINESS

What? 15. The state capital investment range to buy back part or entire business.

1. The acquisition of a portion or entire business is done through the acquisition of shares or which contributes to businesses under the regulation of the relevant legislation.

2. The state makes capital investment to buy back part or the entire business part of the other economic component in the following cases:

a) To implement the restructuring of the economy through rerestructuring of businesses that operate in some sectors, the sector has a major impact on the economy-society as determined by the Prime Minister's decision.

b) Direct service to the defense, security, including operating businesses in the area of defense industry, business operations in strategic locations, land borders, and islands.

c) Product Supply, the essential utility service for society.

3. The cases are inherently capitalated by the State invested in part or the entire regulatory enterprise at Clause 2 This must be consistent with the strategy, economic development overall planning-society, industry development planning has been approved under the regulatory regulation. at the General Decree 92 /2006/NĐ-CP September 7, 2006 of the Government.

What? 16. Principles on the implementation of state capital investment to buy back part or entire business.

1. The investment of state capital to buy back part or the entire business is only done for the stipulated cases at Article 15 of this decree.

2. The method of acquiring a portion of other business must ensure that the investment of state capital investment in the other enterprise is sufficient to exercise the right to decide on the issues of other business at the General Assembly of the Eastern Council or the Member Assembly by regulation at Paragraph 3 Article 60 and Clause 1 Article 144 Business Law in 2014.

3. State capital investment to buy back part or the entire business must have a proposed jurisdiction or approved approval by regulation at Article 20 Management Law, which employs state capital invested in manufacturing, business at the enterprise, and its own business. The legal benefits and benefits of the owners have invested in other businesses according to the law of the present law.

What? 17. The procedure, the procedure for capital investment records to buy back part or the entire business.

1. The owner of the owner owns the state capital investment plan to buy back part or entire business in coordination with the financial body and the appraisal and finalization of the Prime Minister review the Government review review, decision or decision. capital investment to buy back part or the entire business under jurisdiction. The following method:

a) Assessment of the financial realities and results of manufacturing operations, business of the business.

b) The goal, the necessity, the economic efficiency, the social effectiveness of the investment of state capital to buy back part or the entire business.

c) Investment capital.

d) Proposition of investment capital: Including capital from the state budget, the Fund to support and develop the business and other legal capital resources.

2. Financial Agency on the same level:

a) In the 15-day period since the date of receiving the proposed text and the state capital investment method for acquisition of part or the entire enterprise of the owner ' s agency, the financial body and the grant grant the appraisal of the contents of the methodology and may. Written opinion on the investment of state capital to buy back part or the entire business that sends the owner of the owner.

b) The case of state capital investment methods for acquisition of part or entire business that has not guaranteed the content by regulation, the same-level financial agency (stating the reason) sent the presiding representative body to continue examination, perfuming the project. The sentence for 7 days from the date received the verdict.

3. The case of a state capital investment method for acquisition of part or entire business recommended that the Prime Minister decide to use the Fund for Arrangement Assistance and develop the business to invest, the owner ' s agency sent a method to the Ministry of Finance. The Prime Minister considers it, and the Prime Minister considers it.

What? 18. Presentation, capital-level procedure to buy back part or entire business

1. The owner of the owner has a written offer and sends a partial acquisition of a partial or entire business that has been granted jurisdiction under the regulation at Article 17 of this decree offering the financial body to the same level of capital procedure. payment for the seller to repurchase part or the entire business.

2. Financial Agency on the same level:

a) The base decides to approve the level of capital and capital used to invest the acquisition of part or the entire business of the competent grant to advance the investment capital payment for the seller in part or the entire business.

b) The private capital case for acquisition of part or entire business from state budget capital that has scored in the funded state budget spending bill is granted jurisdiction (according to the state budget management hierarchy) approx, notification, real financial agency, and more. sequencing, capital procedure, from the state budget as defined by the State Budget Law.

c) The case of capital grants to buy back part or entire business from the Fund to Support and develop the business, the Ministry of Finance implemented from the Fund for Arrangement Assistance and the development of the business for the seller by regulation.

Chapter III

FINANCIAL MANAGEMENT FOR STATE BUSINESS

Item 1

MANAGEMENT, CAPITAL USE AND PROPERTY AT THE STATE ENTERPRISE

What? 19. The charter capital of the state business

1. For the state business establishing new charter capital levels determined by the following principle:

a) The scale of the scale, the design capacity for the industry, the profession, the manufacturing sector, the business of the business.

b) In line with the strategy, the development investment plan of the business, in line with the industry, the main business profession of the business granted has the authority to approve in the Corporate establishment scheme.

c) In line with the manufacturing, business of the business.

d) The specified capital rate is not less than the level of capital of the discipline, the profession, the manufacturing sector, the business according to the law.

2. For the operating state business:

a) The state enterprise upon the adjustment of the charter capital is determined in accordance with the rules of regulation at 1 Article.

b) The method of determining the specified capital practices by regulation at Article 9 of this decree.

c) The sequence, the case procedure, recommended that an additional investment of the specified capital and the additional level of capital provisions for the operating business in accordance with Article 10, Article 11 of this Protocol.

What? 20. State business capital mobiles

1. The raising of capital of the state enterprise is by regulation at Article 23 Law of Management, using state capital invested in manufacturing, business at the business.

2. The state business is directly borrowing foreign capital according to the method of self-borrower, which is responsible for paying off debt to foreign loans in accordance with the conditions that have committed in the loan agreements. The condition, the procedure, the review review approved the foreign loan of the business under the regulation of the law on loan management, paying off the foreign debt of the business not granted bail by the Government. The foreign loan of the business must be within the country's foreign debt limit annually by the Prime Minister's decision and must be registered and confirmed by the State Bank of Vietnam under the current regulation.

3. The state business uses the right capital, self-tolerance of all risks and is accountable to the law in the process of mobiling, managing, using borrowed capital and paying debt on time. The state is not responsible for the obligation to repay the debt to the debt owed by the direct business, except for the loans secured by the Government.

4. Total capital of capital mobiles to serve production, the business of the state-owned enterprise (including the capital loans of subsidiaries due to the state business being the prescribed parent company at Clause 1 Article 189 Business Law in 2014) must protect it. The amount of debt must pay no more than three times that the equity is inscribed on the quarterly financial report or the state business ' s fiscal year at the closest time to the time of capital raising under the regulatory authority at Clause 3 Article 23 Management Law, using State capital investment in manufacturing, business in business. In it:

a) The equity writeup on the balance sheet in the quarterly financial report or the financial report of the year of the state enterprise is determined not to include the designation of "other funds and funds", the regulatory equity stipulated at this Point applied to the public. The rules stipulate at Section 1 1 Article 26 and Point A 2 Article 27 This Protocol.

b) The debt must be paid on the balance sheet in the quarterly financial report or the annual financial report of the state enterprise which is determined not to include the indictables: "Reward funds, welfare", "Fund for stabilology", "Fund for the Development of Science and technology".

5. The state business only performs bail for the borrower capital at domestic credit organizations with the condition that the secured subsidiary must have a healthy financial situation, with no overdue debt; the guarantee of capital loans to carry out loans to the public. The investment project must be on the basis of the efficient appraisal of the investment project and must have a valid debt-paying commitment to the secured loan. The state business is responsible for overseeing the use of the right loan capital and paying the proper debt on loans made by the business.

What? 21. Investment Capital Out of Business

1. The state-owned enterprise is entitled to use assets, funds under management, the use of the business to invest outside the business in which includes the foreign investment of the state business implemented by regulation at Article 28, Article 29 of the Law and Management. Management, using state capital investing in manufacturing, business at enterprise.

a) The investment outside the business must comply with the regulation of the law and in accordance with the main business profession, does not affect the business production activities of the state enterprise ensuring effective, conservation, and investment capital development.

b) The state business is not funded or invested in the field of real estate (excluding state enterprises whose main business professions are the provisions of the estate Business Law), which is not a capital, bought shares at the bank. Companies, insurance companies, securities companies, venture capital funds, securities investment funds or securities investment firms, except in particular cases by the Prime Minister ' s decision.

c) The state business case has contributed to, investing in the regulatory areas at the point b This clause does not belong to the Prime Minister that allows the investment to implement a restructuring of the restructuring and transfer of the entire amount invested in accordance with the rules. Oh,

2. The owner of the owner is responsible for testing, overseeing the management and use of capital investment outside of the prescribed business. The business case has an investment activity outside under the regulatory areas at Clause 1 Article but does not implement the restructuring of the investments, the owner of the owner responsible for coordinating with the Finance Ministry reports the Prime Minister. The government considers, decides, and handles responsibility for the Member Council or the President of the Company as defined by the existing law.

3. The business is not used in the business of being employed by the business, on loan, receiving the passport, receiving the public, receiving the sale of the agent, signing to invest outside the business.

4. The management of the capital of the state business investment outside the business in the holding company, LLC's two-member LLC becomes available under the provisions of Section 2 Chapter III This decree.

What? 22. The capital of the state business

1. State business is responsible for the conservation and development of state capital investment in the business. Any increase in increase in state capital investment in business, business has to report the agency to the owner and financial agency to monitor, monitor.

2. The conservation of the state in the business is done by the following measures:

a) The correct implementation of the management of capital, property, distribution of profits, other financial management and accounting regimes by law.

b) Buy property insurance under the rule of law.

c) In timely handling of the cost of the property of losses, the debt is not likely to recover and extract the following risk reserves:

-Project discount store.

-It's hard to go to the rooms.

-Backup for financial investments;

-Product protection, cargo, construction.

d) Other measures on the conservation of state capital at the statutory enterprise.

3. The annual valuation must evaluate the level of capital coverage of the business, the method of assessment is as follows:

a) After extracts in accordance with regulation, the business outcome of the business does not arise or have interest, the business is inherently capital.

b) The case after the citation of a prescribed reserve, the business outcome of the lost business (including the case of a ramihole), the business is not entirely secure.

What? 23. Investment, construction, fixed asset procurement of state business, state capital

1. The investment, construction, fixed asset procurement of the state enterprise implemented by regulation at Article 24 Law of Management, using state capital invested in manufacturing, business at the business. In it:

a) For investment, fixed asset procurement led by the business, the process of building investment must be done in accordance with the provisions of the legislation on construction, the law of bidding and other provisions of the relevant law.

b) For investment, external fixed asset procurement in use, the business must implement the provisions of the law on bidding and other provisions of the relevant law.

c) For investment, procurement, use of travel vehicles (automobile) serving work for leadership titles and joint work serving, the business must ensure the right standard, purchasing the procurement level, use of public assurance of public assurance, transparency, and more. Bai, frugable, effective according to the Prime Minister ' s regulations.

2. State business in the business sector has its own regulations on investment, construction, procurement, management, use of fixed assets by profession, in addition to implementing the regulation of this Decree which is also required under the rule of expert law. The field

What? 24. Rent an active property

1. State business is employed in assets (including financial leasing form) to serve manufacturing operations, business in line with the needs of the business and ensuring business is effective.

2. The lease and use of the lease must follow the correct regulation of the Civil Code and other laws of law that are relevant.

What? 25. Manage using fixed asset

1. State business performs management, using fixed assets during the process of business operations under regulation at Article 25 Management Law, using state capital invested in manufacturing, business at enterprise. In it:

a) The state-owned enterprise is responsible for building, enacted, implementing the Management Regulation, using the fixed assets of the business.

b) Depending on the management requirements for each fixed asset type, the fixed asset management statute of the executive business must clearly specify the coordination between parts and responsibilities of each department, the individual involved in tracking, managing the use of the property, and the use of ... It ' s the property of the business.

2. The state business performs leasing, holding, mortgage assets fixed by regulation at Article 26 of this decree.

What? 26. lease, mortgage, asset grip

1. The state-owned enterprise is entitled to rent, mortgage, corporate assets ensuring that the principle is effective, preserving and developing capital under the rule of law, in which:

a) The member council or the president of the company decides that the asset lease contracts are worth less than 50% of the owner ' s equity in the business quarter or year of the business at the closest time at the time of the decision to lease the property but price. The rest of the rental property does not oversize the Group B project under the provisions of the Public Investment Law.

b) The authority to decide to use the assets of the business to mortgage, holding the borrower made by regulation at Article 23 Management Law, uses state capital invested in manufacturing, business at the business.

2. For the state-owned enterprise established to perform regularly, manufacturing stability, supply of utility products, directly serving defense, security upon leasing, holding, mortgage assets that serve this mission must be approved by the government. It's the owner of the agency.

3. The use of the property to lease, the mortgage, the pawn must follow the correct rules of the Civil Code and the provisions of the other laws that are relevant.

What? 27. Liquor, fixed asset

1. The state business is entitled to proactively and make concessions, the fixed asset liquism, the technical backward, does not have the need to use or not be used to recover capital on the principle of public, transparency, regulatory capital, regulatory capital. of the law.

2. The authority to decide the liquoration, the fixed asset sale:

a) Member of the board or the president of the company to decide the liquorally, the franchise has the remaining value below 50% of the equity on the balance sheet in the quarterly financial statements or financial statements of the year of the state enterprise. at the closest point to the time of liquing the liquoration, the franchise is but not too much of a Group B project under the provisions of the Public Investment Law.

The liquoration methods, fixed-property assets are greater than the hierarchy level, the company's chairman, the company's chairman, reports the owner of the decision-owning representative agency.

b) For the established state enterprise primarily manufacturing manufacturing and product supply, the essential utility service for society and the economy, directly serving the defense, security when the direct asset concession serves these tasks must be used in the first time. The identity of the owner of the owner.

c) The case of a fixed asset concession of the state business is unlikely to recover enough capital, the business must clear out the cause of the inability to recover capital reporting the owner of the owner and the financial body. to the same level before the concession is fixed to the execution of the supervisor.

d) Alone in case of a new fixed-investment asset, procurement that had completed its use in the first quarter of the first year but did not achieve economic efficiency according to the investment project that had been granted authority approval, the business had no need to continue mining. The sale of assets without the ability to recover enough investment leads to a business that does not pay the debt under the contract, or the loan contract, which must clarify the responsibility of those involved to report the agency's agency. according to the rule of law.

For the sale of a fixed asset liquoration to some particular industries (tobacco production, shipping, flying boats), it is not possible to implement the provisions of this decree, which are required to follow the provisions of the relevant disciplinary legislation.

3. The method of liquoration, fixed asset transfer:

a) The state enterprise makes the concession of fixed assets by a form of auction through an organization that sells asset prices or due to the self-organizing self-organizing business in accordance with the right sequence, the regulatory procedure of the sale of the property. Asset auction. The case of a fixed asset sale has the remaining value inscribed on accounting books under 100 million, the General Manager or the Director decides the choice to sell by the auction or agreement, but not below market price. Where the fixed asset case is not trading on the market, the organized business has the functional appraisal function that determines the price as the asset sales base in accordance with the above methods.

b) The case of a fixed asset transfer attached to the land must follow the provisions of the land law.

4. Presentation, liquoration procedure, asset concession:

a) Chairman of the Member Council or the Chairman of the company that decides to establish the Council of liquism, the concession of fixed assets at the state business. The Council component consists of: General Manager or Director, Chief Accounting Officer, Relevant Departments; representatives of the Board of Directors of the Company and some experts who understand the technical features of the fixed asset (if necessary). The mission of the Council of liquy, the fixed asset sale of the business:

-Determine the actual status of the technique, the remaining value of the liquorable property, the concession;

-Identifying the cause, the responsibility of the collective, the individual involved in the case of a new fixed asset case that does not yield economic efficiency, but is not able to recover enough capital investment, undeductible assets have failed. correction must be liquorated, the concession to report the regulatory holder in accordance with the regulation;

-The organization identifies or hires the organization with a price appraisal function to determine the obtained value of the liquemable assets, the concession;

-Organization for auction or organization leasing functions to auction the types of concession liquy assets under the provisions of the relevant law;

-The liquoration council, which sells the self-ending assets after the completion of the liquoration, the franchise's fixed assets.

b) The case when the state enterprise performs a licensed construction investment project, the business must lift or cancel the old fixed asset then the liquoration and accounting of the former fixed asset upon the lifting or cancellation of the real business. It ' s as if the property liquoration is fixed at this point.

Item 2

THE CAPITAL MANAGEMENT OF THE STATE ENTERPRISE AT THE HOLDING COMPANY AND THE LIMITED LIABILITY COMPANY

What? 28. The capital management of the state enterprise for the subsidiary is a limited liability company a member owned by the business that holds 100% of the charter capital and managing the portion of the funding of the state-owned enterprise at the holding company, LLC. Membership goes up.

1. The state enterprise makes financial management of the subsidiary due to the business holding 100% of the charter capital and managing the portion of the business that contributes to the business at the holding company, the two-member LLC becomes under the regulation at Article 50. 30 Management Law, which uses state capital invested in manufacturing, business at the business, in which:

a) The state enterprise must enact a subsidiary's financial regulation in which the specific regulation of funds from post-tax profit, post-tax profit after extracts funds at the subsidiary, accounts for a disparity between equity and equity. You know, my company ' s executive capital of the state enterprise.

b) The following tax returns, the difference between equity and the company's charter capital of the state-owned enterprise is the financial operating revenue of the business.

c) The case of state-owned enterprises received shares of the state-owned enterprise which has been a contributor to the state-owned enterprise without payment due to the equity surplus using a equity surplus, equity funds or dividends share by stock to increase the amount of money. the charter capital, the base business on the number of shares received by tracking, logging and reflecting on the financial statements by the current accounting regime for businesses.

2. The election and standard of the equity representative of the business ' s capital at the holding company, the two-member LLC becomes effective under the regulation at Article 46 and Article 47 Management Law, which uses state capital invested in manufacturing, business and business. Business.

What? 29. Transfer of capital investment out of state business

1. The transfer of capital investments out of the business of the state enterprise implemented under the regulation at Article 31 Management Law, which uses state capital investment in manufacturing, business at the business and the capital transfer method of capital investment. outside of the state-owned enterprise (including the transfer of shares of shares, the right of capital to the holding company, the limited liability company of two or more) makes it stipulated at the provisions of Clause 3, 4, 5 Article 38 This decree.

2. The case of a transfer price transfer at market price (prices have been held has a appraisal appraisal function under the laws of the price appraisal), but the expected transfer value is still lower than the value written on the accounting book. of the business and business that has made a backup extraction, the processing is as follows:

a) If a prevarable or greater margin of citation between the expected value is compared to the value of the accounting book, the Council Member or the President decides to transfer it to return the investment capital out.

b) If the bill extract is still less than the difference between the value of the investment scored on the accounting book with the expected transfer value, the Board Member or the Company Chairman must report the owner of the review, the decision is determined. before making the transfer.

3. The proceeds of the transfer of capital investments outside the business (shares, the portion of the capital, and the transfer of equity, capital rights) after excluding the investment capital value of the business, the cost of transfer and the implementation of a tax obligation in accordance with rules I mean, the rest of the money is determined to go into the financial income of the business.

4. For the fruits of the left, the bond that the state business has invested in interest, the transfer of the implementation by the regulation upon release or the release of the organization (subject) release. In the event of a pre-term transfer of the state business, the transfer price must guarantee the principle of capital guarantees when transfer. The transfer of bonds has been registered as registered, listing and trading on the stock exchange market, the business implemented by the regulation of the securities law.

Section 3

REVENUE, COST AND DISTRIBUTION OF PROFIT OF THE STATE ENTERPRISE

What? 30. Revenue management, other income and the cost of the business

1. Member Council or Chairman of the Company, General Manager, Director of the state business is responsible to the body of the owner and before the law in organising the strict management, ensuring the correcalization, honesty and legalization of the companies. revenue, other income, and business production costs of the business.

2. All of the revenue, other income and the cost of being born in manufacturing operations, the business of the business must be full of records, evidence from the regulation of the law and the full reflection in the business ' s accounting book by business accounting mode. I don't know.

3. Revenue, other income and the cost of manufacturing operations, the business of the business is determined by the Vietnamese copper, the merger or the foreign currency must have to rule on the Vietnamese as defined by the existing law.

4. The business must be correct, calculate the cost of manufacturing, business, self-cover of all costs by the revenues of the business and take responsibility for the business performance of the business.

5. The identification of the revenue, income, and expenses to determine the tax obligation and other financial obligations to the business made in accordance with the provisions of the relevant tax and other laws concerned.

What? 31. Distribution of Profit

The profit of the state enterprise after offset the loss of the previous year under the provisions of the Corporate Income Tax Law, which cited the scientific and technological development fund by law, pays the corporate income tax, the remaining profit being distributed. The following order:

1. Share the interest on the parties that are associated with the regulation of the signed economic contract (if any).

2. Blu covering the loss of previous years has expired, which is out of the pre-tax profit by statute.

3. The remaining profit after excluding the provisions in Clause 1, Clause 2 This is distributed in the following order:

a) Excated by the decision of the Prime Minister (if any).

b) Quote a maximum of 30% into the business ' s development investment fund.

c) The reward fund, the welfare for workers in the business:

-Business rating A was cited for three months ' pay for two benefit funds, welfare;

-Business rating B is cited by 1.5 months of salary for two benefit funds, welfare;

-Business rating C is cited for 1 month's salary for two benefit funds, welfare;

-Businesses are not classified as a result of a two-fund, welfare.

d) Revenue of the business manager, control officer:

-Business rating A is cited by 1.5 months of corporate manager ' s execution, control of the officer;

-Business rating B is cited by the 1 month salary of the business manager, control of the officer;

-Business rating C or non-performing business is not to be cited as an enterprise manager, censure.

The case of the remaining profit margin after the merger of the Development Investment Fund stipulated at the point of this Article b without sufficient sources to extract reward funds, welfare funds, corporate managers ' reward, control over the stipulation, sales level. The profit is being reduced except for the profit to extract the investment fund developed to supplement sufficient reward funds, benefits, corporate managers ' rewards, control over regulatory levels, but the maximum reduction is not overly critical to the Investment Fund. development in the financial year.

e) The remaining profit after extracts regulatory funds at points a, b, c, d This paragraph is submitted to the state budget.

What? 32. Administration and use of funds

1. The use of the funds of the state business must be the right purpose, right subject.

a) The state-owned enterprise must build, enacted the Management Regulation that uses the statutory funds to apply in the business cabinet; the statute of ensuring democracy, transparency has the participation of the Board of Corporate and Public Governing Board. in the business before the execution.

b) In the fiscal year, the state-owned state-owned enterprise makes a temporary exposition of funds on the basis of productive operational outcomes, the business of the profitable business and has paid corporate income tax by regulation to have the cost of using the fund according to the purpose. regulation.

2. The development investment fund is used to implement enterprise development investment projects and to supplement the charter capital for the business.

3. The reward fund is used to:

a) Enjoy the end of the year, enjoy a regular, reward, and reward the rules of the law of award-making competition for workers in the business (including the business manager working on a labor contract). It is not used by the business to pay for the subject of the business manager, the administrator appointed by the state (except for the award of the law of the award).

b) The reward for individuals and units outside the business has a great contribution to business activity, the management business of the business.

c) The level of reward appointed by the General Manager or Corporate Director in the Management Management Regulation of the Enterprise.

4. The Welfare Fund is used to:

a) Investment builds or corrects the welfare works of the business.

b) Chi for the welfare activities of employers in the business including the business manager, employee-controlled working officer and corporate manager, administrator appointed by the state.

c) Contributs a portion of capital to invest in building general welfare works in the industry or with other units under contract.

d) Use a portion of the welfare fund to subsidive the cause of mutants to workers including retirement, loss of power, in difficult circumstances, not a place of refuge or as a social charity.

The extent of the cost of using the fund led by the General Manager or Corporate Director, is inscribed in the Management Regulation, which uses the fund of the business.

5. Enterprise management prize fund, control of the officer used to:

a) Award annually; enjoy the end of term for President and Member Council Member, Chairman of the Company, General Manager, Director, Deputy General Manager, Deputy Director, Controller, Corporate Accountant.

b) The annual bonus and reward at the end of the term due to a decision-owning representation tied to the value of the business manager, control of the business and efficiency of the business, on the basis of the recommendation of the President of the Council. a member or chairman of the company.

c) The case of President and Member of the Board Member, Chairman of the Company, General Manager, Director, Deputy Director General, Deputy Director, Controller, Business Chief Accounting received under the law of the award of reward competition. The business uses the company's reward funds to reward subjects above the level of reward that the award for award competition law provides for each form of racing, commendation.

Section 4

FINANCIAL PLANNING, ACCOUNTING REGIME, STATISTICS, AUDITS, AND REPORTING.

What? 33. Financial Planning

1. Base in strategic orientation, the business production development planning of the state enterprise has been approved by the agency ' s representative agency, the business of building plans for business production, long-term financial plan that is consistent with the plan. The orientation of the business was decided by the owner of the owner.

2. Every year, the base of the long-term business production plan, which is based on the capacity of the business and market needs, the state enterprise builds the next year ' s business production plan according to the Board Member or the President of the decision-making company.

3. The business production planning base is decided by the Board of members or the President of the Company, the business that makes the assessment of the business production situation of the year of reporting and financial planning for the next year sent the agency representative body. Yes, the financial institution before the 31st July.

4. The owner of the presiding officer, in coordination with the financial body and a remission of financial planning due to the business of establishing and having a formal opinion by writing for the business to complete the financial plan. The financial plan after completion is the official plan as the basis for the owner's representative body and the financial body and supervising the management assessment of the business operations of the business.

What? 34. Accounting mode, statistics, audit.

State enterprises must organize the implementation of the accounting work, statistics under the current law of law; stance, record testimonies from the original, update bookkeeping books, ensure full reflection, timely, honest, accurate, objective, and objective. Economics, finance. The business ' s five-year financial report must be audits before submission to the state agency and prior to the public.

What? 35. Financial reporting, statistics and other reports.

1. At the end of the accounting period (quarter, year), state enterprises must establish, present, submit financial statements, statistical reports to state agencies and carry out financial public pursuits following the provisions of the existing law. A member council or company President is responsible for the accuracy, honesty of financial statements, statistics, and financial public implementation.

2. In addition to the financial statements, the planning of setting up and sending in accordance with the regulations above, the business must be implemented, sending out-of-report reports when there is a request by the owner of the owner and the state governing body; the business case has a loan. in the country and to borrow foreign countries by the Government, the business must implement and submit a report under the existing regulations of the law on debt management under the Government of the Government.

Chapter IV

STATE CAPITAL MANAGEMENT INVESTED IN THE HOLDING COMPANY, LLC ' S TWO-MEMBER LIMITED LIABILITY COMPANY.

What? 36. The agency represents the equity of the investment state capital at the holding company, LLC ' s two-member LLC returns to the capital.

1. The owner representing the implementation of an investment state capital management at the holding company, LLC's two-member LLC has become a member of the state capital.

2. Rights, the responsibility of the representative body of the owner implemented by regulation at Article 43 Management Law, which uses state capital invested in manufacturing, business at the business.

What? 37. The representative of the investment state capital at the holding company, LLC is a two-member LLC.

1. The representative portion of the state capital is chosen by the agency of the owner of the choice and the degree in writing to exercise the right, the responsibility of the state-owned representative to the investment state capital at the holding company, the two-member LLC. Come on.

2. The standard of the state capital representative and the sending of the representative portion of state capital by regulation at Article 46, Article 47 Management Law, which uses state capital invested in manufacturing, business at the business.

3. Rights, responsibilities, salaries, remuners, bonuses, and other rights of the state capital of the state of the state of the state made by regulation at Article 48, Article 50 Law Management, use of state capital invested in manufacturing, business at the business.

What? 38. Investment state capital transfer at the holding company, LLC is a two-member LLC.

1. State capital transfer principle:

a) The transfer of the state capital must have a given jurisdiction and the right criteria for the classification of business by the Prime Minister's decision, not in the scope of the sector, the field of investment by the State of the Investment, to maintain the rate. shares, which are the capital of the State, defined at Article 12 of this decree.

b) Secure the principle of market, public, transparency, state capital conservation at the highest level, limiting maximum investment in the event of capital transfer under the denominate.

c) The identification of the starting price for the state capital before the organization of public auction or agreement is made through the organization that has a price appraisal function under the rule of law on the price appraisal that guarantees the full value of the actual value. The amount of state capital at the business includes both the value generated by the value of the use of the land or the transfer of the right to the use of the legal land under the rule of law on land and the value of intellectual property rights (if any) of the business. according to the rule of law at the time of capital transfer.

d) The transfer of state capital with regard to the right to use of the land must comply with the rule of law on the land.

The owner of the choice and signing of an organization lease has the functional appraisal of the starting price for the transfer state capital, which employs the construction of capital transfer methods by regulation. The sovereign representative body decides and is accountable to the law on the extent of the cost of hiring the organization of the price appraisal, the construction of the capital transfer method, and is subtracted from the proceeds from the state capital transfer.

2. The authority to decide the transfer of state capital:

a) The Prime Minister decides the transfer of state capital at the holding company, LLC's two-member LLC is transformed from the state business led by the Prime Minister.

b) The owner of the owner who decides the transfer of state capital to the holding company, the two-member LLC is transformed from the state enterprise due to the establishment of the decision-made representative agency or was established by the government. transaction after consultation with the Ministry of Finance, Ministry of Planning and Investment.

3. State capital transfer method at the LLC two-member LLC:

a) The case of the Prime Minister, the owner of the owner who requires the company to be able to limit the two members to return to the purchase of its capital, make the sale of the agreement by regulation at Article 52 of the Enterprise Law of 2014. The price of the agreement is specified by the regulation at Point 1 This Article.

b) The case of the Prime Minister, the representative body of which the transfer of its capital to another member or or transfer to the organization, the individual is not a member of the company, then must follow Article 53 of the Enterprise Law. 2014, in which:

-If the transfer to other members of the company makes a transfer price agreement with other members. Determining the sale price of the agreement on the basis of the organization ' s price appraisal has a specified price appraisal function at Point 1 This Article;

-If the transfer to the organization, the individual is not a member of the company, does a public auction or a direct agreement under the provisions of Article 4 of this.

4. State capital transfer method at the holding company:

a) For the holding company that has listed on the stock market or registered trading on the Upcom exchange then the transfer of capital (stock transfer) implemented in accordance with the method of trading (joint command, agreement) under the rule of law. the securities law. The transfer case in accordance with the agreement, the price of the agreement must be within the exchange price of the stock exchange at the transfer date.

b) For an unlisted or unregistered equity firm on the Upcom exchange, make the transfer of capital in the following method:

-For public auction, the public auction case failed to make a semi-competitive bid through the form of a semi-equity auction. When the transfer fee is valued at 10 billion dollars on the implementation of the Stock Exchange. Where the transfer of the capital is less than 10 billion dollars, it is possible to rent a financial institution, sell the auction, organize an auction at the business, or make an auction at the Stock Exchange;

-Sell the direct agreement between the owner ' s agency with the investor in the case of a failed batch equity auction (only one investor registered shares of shares or was authorized by the Prime Minister for a degree in writing);

-When the transfer of capital follows the direct agreement, the authority decides to transfer the undecided transfer to the business including wife, husband, father, father, mother, mother, son, daughter, son-in-law, son-in-law, son-in-law, son-in-law, You, sister, brother-in-law, brother-in-law, sister-in-law, sister-in-law, are the manager of this business and are not allowed to transfer to individuals who have such relationships.

5. The state capital case has invested in businesses that are not part of the industry, the state sector needs to continue to invest more capital by criteria, the state-owned business classification portfolio issued by the Prime Minister, then the owner of the owner view. The decision to transfer the franchise to purchase additional release shares (for the holding company) and capital rights (for the limited liability company of two or more members) to the organization, other individuals.

The principle of transferring the rights to the shares, the right to which it is made in the way of a public auction. Determining the starting price is done through the organization with the functional appraisal function in accordance with the law of the price appraisal. The time case allows shareholders, which contributes to the acquisition of shares, which is not sufficient to organize a transfer auction, and the owner considers the decision. transfer price, the method of transfer of a direct agreement by regulation and effective assurance.

The person with authority decides to transfer the concession to the shares, which is not decided to be transferred to the business receiving the transfer, including the wife or husband, the father, the foster father, the birth mother, the child-in-law, the daughter-in-law, the adopted son-in-law, the adopted son-in-law, the adopted son-in-law, the son-in-law. Bowel, sister, brother-in-law, brother-in-law, sister-in-law, sister-in-law, the sister-in-law, the bride is a business manager and is not decided to transfer to individuals who are in the same relationship.

6. The Prime Minister rules the conditions, the sequence, the procedure to sell shares in the form of a batch auction form.

What? 39. Earnings transfer of capital, profit, dividends at the holding company, LLC to two-member LLC.

1. Revenue of state capital transfers at the holding company, LLC.

a) The proceeds from the transfer of the state capital, transfer the rights to the purchase of additional release shares (for the holding company) and the capital to the capital (for the limited liability company of two or more members) to the organization, the other individual (investor), after the unless the reasonable costs associated with the transfer are submitted to the Fund for Arrangement Assistance and the development of the business.

b) The owner ' s representative agency (or the agency that is authorized by the representative agency, the written mandate) is responsible for providing sufficient information to investors to submit money on the Fund to support and develop the business (internal. information included: The beneficiary unit, address, account number opened at the bank, the filing time, the content paid for the auction.

c) The deadline for the Fund for Arrangement Assistance and Enterprise Development:

-The case of transfer of capital at equity firms listed on the stock market or trading post on the Upcom exchange then the payment deadline, the filing of the Fund for Arrangement Assistance and the development of the business toward the right investor. with each method of trading when transfer of the stock in accordance with the regulation of the securities law;

-The case of state capital transfer at the unlisted holding company on the stock market or has not yet registered trading on the Upcom exchange; state capital transfer at the two-member LLC becomes; the transfer of the capital. The right to buy equity in addition to public auction, semi-competitive, or agreement, the payment deadline for the Fund to support and develop an investor's business is no more than 15 days from the date of publication. Public auction, semi-competitive, successful transfer agreement.

Where the investor does not submit, the filing is not valid, and the statute of limitations is subject to the Regulation of Management and the use of the Foundation to support the arrangement and development of the business led by the Prime Minister.

d) The owner of the owner is responsible for testing, overseeing the payment of the Fund to support and develop the business in accordance with the regulation.

2. Revenue, dividends are divided from the investment state portion at the holding company, LLC's two-member LLC:

a) For a period of no more than 15 days, since the date received the profit-sharing announcement, the dividend of the holding company, the LLC's two-member LLC, the representative of the state capital is responsible for offering the holding company, the responsibility company. Two members turn up the profit, dividends are divided on the state budget.

In case the state equity representative does not recommend the holding company, the two-member LLC is more than a profit, dividends divided on the state budget by the right stipulation, the owner of the owner considers the dismissal of the person. Whether the loss of the law was made by the law;

b) The holding company, LLC's two-member LLC is responsible for paying for the state budget for a period of 30 days, since the date of the recipient's offer of the state capital.

In the case of the holding company, the LLC's two-member LLC does not submit, filing untimely charges of punishment, such as regulation of non-filed, filing on the wrong time for tax on the provisions of the tax law.

Chapter V.

THE ORGANIZATION.

What? 40. The transition clause

1. For the charter, the financial regulation of the state enterprise was granted the authority to issue before 1 July 2015, the state business was continued to do until December 31, 2015.

2. For the state capital investment project to the business that was granted jurisdiction, decided on December 8, 2014 to continue following the approved project.

3. The handling of management operations, capital use, property at the state-owned enterprise, state capital management at the holding company, the two-member LLC who became born before July 1, 2015, does the implementation of the current implementation of the company. The end of December 31, 2015.

4. Processing of state capital investment activities into the business; management, capital use, property at state enterprise and management, capital use, assets at the holding company, LLC to the two-member LLC that has become born on January 1, 2017. As of 2015, it is set to be made in accordance with this decree.

What? 41.

This decree has the enforcement effect since December 1, 2015 and replaced the Decree: number 1. 71 /2013/NĐ-CP July 11, 2013 of the Government on Investment Capital Investment into the business and financial management of the State-held business holds 100% of the charter capital; the number of ... 09 /2009/NĐ-CP February 05, 2009 Government of the Government on the Board of the Governing Management of the state company and state capital management invested in another business; regulations on financial management to the LLC a member of the state made it to the public. owner at the Digital Decree 25 /2010/NĐ-CP March 19, 2010 Government.

What? 42. Responsibility and execution

1. The authority to enact financial regulation on state business:

a) The government enacted financial regulation of a number of state enterprises as the parent company of the economic conglomerate, the state corporation, which was decided by the Prime Minister.

b) The owner of the owner of the Financial Statables for the parent company " The state corporation by the agency, the owner of the owner, decided to form or be delivered after an agreement with the Ministry of Finance; enacted the Financial States to the remaining state-owned enterprises determined by the governing body. Or we can get to the manager.

2. The Ministry of Finance issued regulations citing the depreciation of the fixed assets of the business; handling the asset inventory, extracts the spare parts; handling of the foreign exchange rate disparities; the financing of the business plan; the accounting regime, and the report. The financier.

3. The Minister of Finance is responsible for guidance, inspection, oversight of the implementation of this decree.

4. The political organization, the political organization-the society can use the regulation of this decree to organize the implementation of financial management of the business organized by the political organization, the political organization-the society as the owner.

5. The parent company of the state economic conglomerate, the parent company of the state corporation, the parent company in the parent company group-the child company is responsible:

a) Build, the management of financial management to your company is the limited liability company a member owned by the parent company that holds 100% of the charter capital.

b) The regulatory content of financial management issued by the parent company on the basis of the use of regulations at this Decree in accordance with the provisions of the Business Law of 2014 and other legislation is relevant.

4. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, Central City and State enterprises, who represent the state capital responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung