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Decree 87/2015/nd-Cp: On Surveillance State Capital Investment Into The Business; Financial Monitoring, Reviews The Performance And Financial Information Publicity Of State Enterprises And Business ...

Original Language Title: Nghị định 87/2015/NĐ-CP: Về giám sát đầu tư vốn nhà nước vào doanh nghiệp; giám sát tài chính, đánh giá hiệu quả hoạt động và công khai thông tin tài chính của doanh nghiệp nhà nước và doanh ng...

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THE GOVERNMENT.
Number: 87 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 6, 2015

DECREE

In terms of monitoring state capital investment in business; financial oversight,

assess the operational efficiency and public information of the business ' s financial information.

State and business have a home capital. c

____________________

Government Law Base December 25, 2001;

Management Law Base, using v. Stain. n the state invested in manufacturing, business at the business January 26. 11 in 2014;

Corporate Law Base November 26, 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 the decree on monitoring state capital investment in the business; gi Ah! Financial, suicide. Ah! What? Ah! work efficiency and the public information public information of state enterprise and business has v ... Stain. The state.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree states:

1. Monitor the state capital investment situation into the business.

2. Financial Supervisor, effective assessment of operations and rating for state-owned enterprises.

3. Financial Supervisor for state-owned enterprises.

4. Public information about the financial information of the state business.

What? 2. Subject applies

The object applying this Protocol is:

1. Financial Authority.

2. The owner represents the owner.

3. The State-owned business holds 100% of the charter capital (later known as state business):

a) The LLC a member-The parent company of economic corporations, the corporation, the company that operates under the parent company model-the subsidiary (later known as the parent company) led by the Prime Minister, the Ministry, the peer-to-peer agency, the government agency. The Central Committee of the Provinces, the Central Committee of the Central Committee (later known as the Provincial People's Committee), decided to form;

b) A limited liability company (later known as an Independent Member Company) by the Ministry of Industry Management, the Provincial People's Committee decided to establish;

c) The state-owned investment firm and Business Capital Business (abbreviated SCIC).

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

5. Agency, organization, other individuals are involved in investment activity, management, use of state capital at the enterprise.

6. State businesses operate in the direct sector serving defense, security, economic unions with defense, security, finance, banking, lottery, securities, securities carrying out financial oversight, effective assessment of operations and public information. The financial believes in this decree and the regulation of the law of defense, security, finance, banking, lottery, securities. In the case of defense, security, finance, banking, lottery, lottery, other securities prescribed by this decree, imposed on the provisions of the law on defense, security, finance, banking, lottery, stock, and securities.

What? 3. Explain words

1. Financial Supervisor Report is a report of analysis, evaluation, warning of financial problems of each business.

2. The Financial Supervisor results report is the result of a total financial oversight of the financial oversight of the business owned by the owner of the owner.

3. State-owned business is a holding company, LLC's two-member LLC.

4. Direct monitoring is the inspection, the direct inspector at the business.

5. The indirect oversight is the monitoring and examination of the situation of the business through financial statements, statistics, and other reports by the rule of law and of the representative body of the owner.

6. The previous oversight is the consideration, examination of the feasibility of short-term, long-term plans, investment projects, capital mobiles, projects and other projects of the business.

7. Supervisor in the tracking, examination of the implementation of the plans, the project of the business, the adoption of the provisions of the law, of the representative representative body throughout the planning process, the project.

8. The following monitoring is the examination of the operational results of the business on the basis of periodic reports, the results of the law enforcement of the representative agency or the business charter, the compliance of the provisions of the law.

9. Financial Supervisor is the tracking, inspection, inspection, evaluation of financial matters, which accepts the financial policy of the business of the business.

10. Special Financial Supervisor is the monitoring process for businesses whose signs of loss of financial safety need to be monitored and corrected by the authorities.

11. The assessment criterion is the system of standards, the standard used to evaluate the performance and rank the business.

What? 4. The purpose of overseeing the investment of state capital into the business, financial oversight, efficiency assessment and the public information of corporate finance,

1. Evaluation of compliance with regulations on the scope, process, procedure, jurisdiction and efficiency of state capital investment into the business.

2. Full review, timely financial situation and operational efficiency of the business to take on existing remedied measures, completion of objectives, business planning, utility duties, improvement of production efficiency, business and competiability.

3. Help the state, the owner 's agency promptly finds out the weaknesses in the business' s business manufacturing operation, the warning and the proposed correctaction measure.

4. Make the public transparency of the financial situation of the state business.

5. Enher the responsibility of the business in taking the provisions of the law in management and use of capital, state assets invest in the production of business at the business.

Chapter II

GLOBAL INVESTMENT SURVEILLANCE

What? 5. Supervisor

The Ministry of Finance presided in coordination with the ministries, which involved the monitoring of the state capital investment situation into the business of the owners representative agencies.

What? 6. Supervisor Content

1. The monitoring content operates state capital investment into the business that follows regulation at Clauses 2, 3, 4, 5, 6 Article 51 The Management Law, using state capital invested in manufacturing, business at the business.

2. The Ministry of Finance rules the template to perform the monitoring content set forth at This One Article.

What? 7. The method of organizing surveillance

1. The investment supervisor of state capital into the enterprise performs by direct monitoring, indirect oversight, presupervised oversight, supervisor, supervisor, supervisor, supervisor, supervisor, supervisor, supervisor, supervisor, supervisor, supervisor, supervisor, supervisor, and supervisor.

2. The fourth quarter of the previous year, the Ministry of Finance Planning to oversee the investment of state capital investment into the business, announced before January 31 each year. The Ministry of Finance chaired, in coordination with the ministries, the related industry that implemented the state capital investment operational monitoring plan into the business was announced.

3. Report Mode:

a) The equity representative agency reported the state capital investment situation to the business the previous year sent the Ministry of Finance before May 31 annually. The Content Report is based on Article 6 of this decree;

b) The Ministry of Finance sets the state capital investment oversight report into business the previous year, reported the Government before July 31 each year.

4. The case of detection of the violation of the representative agency on the scope of capital investment, sequence, procedure and authority that decides to invest state capital into the business, the Ministry of Finance reports the Prime Minister ' s handling under the rule of law.

Chapter III

FINANCIAL OVERSIGHT, EFFECTIVE ASSESSMENT OF OPERATIONS AND RATING FOR STATE BUSINESS IN THE COUNTRY.

Item 1

CHIEF FINANCIAL OFFICER

What? 8. Supervisor

1. Property representative agency:

a) The presiding industry regulator, in collaboration with the Finance Ministry implementing financial oversight and effective evaluation of business production on business as the parent company, the LLC an independent member is appointed by the Department of Industry Management. established or be entrusted to it;

b) The Provincial People's Committee implementing financial oversight and effective evaluation of business production on the business is the parent company, the LLC a member of the independent member decided to form.

2. Financial Authority:

a) The Ministry of Finance in coordination with the agency of the owner carrying out the financial oversight of the parent company, the LLC an independent member is established by the Ministry of Industry Management or entrusted; aggreging of the Government report results in monitoring. The finances of the owners ' agencies, the Council of Economic Corporation, the state company.

b) The Department of Finance of the Provinces, the city helps the Provincial People's Committee to implement financial oversight and evaluate the efficiency of business, aggregate financial oversight results on businesses established by the Provincial People's Committee.

What? 9. Supervisor Content

1. Monitor the conservation and development of capital.

2. Monitoring the management, use of capital and state assets at the business in the following content:

a) Capital investment activity on investment projects, including: Capital of raising capital, progress on investment project, investment capital investment;

b) Investment activity outside the business, in which the financial oversight of the subsidiary company, the company links through the portfolio of the parent company implemented under the regulation at Section 2 Chapter III This decree; the monitoring of investment activities abroad. of the business implementation by regulation at Section 3 Chapter III This decree;

c) The situation of capital mobiles and the use of mobiles, issued bonds;

d) The situation of asset management, corporate debt management, the ability to pay the debt of the business, the debt system must pay on equity;

The situation is shifting the currency of the business.

3. Monitoring the business production results of the business.

a) The implementation of the business production plan, the implementation of the product supply mission, the utility service provided by the State, the planning,

b) Business activity results: Revenue, profit, profit margins on equity (ROE), profit margins on total assets (ROA);

c) The implementation of the obligation to the state budget;

d) Distribution of profits, extract and use of funds.

4. Monitor the law enforcement of investment, management and use of state capital at the enterprise; enacted and implementing the financial management process of the business.

5. Monitor the restructuring of the investment state in the business, the capital restructuring of the investment business at its subsidiary, the affiliate company.

6. Monitoring of the wage regime, foes, bonuses, liability and other rights to the worker, the business manager, the Controller, who represents the capital of the business under the provisions of the Labor Code.

7. The Ministry of Finance provides the forms to perform the monitoring content outlined in Clause 1, 2, 3.4 and Section 5 This.

What? 10. The base performs financial oversight

1. Regulation of the existing law on corporate finance management.

2. The organizational and operational charter, the financial management Regulation of the business.

3. The business and investment production plan develops annually and the year (05) year of the business, the objective of monitoring in each period due to the construction of construction owners for each business.

4. The business 's annual financial report has been independently audits and approved by the Council of members; financial reporting six (06) months, quarterly financial statements, periodic business reports, and other breakthrough reports at the request of the agency' s representative agency. the owner or the state governing body.

5. Inspector results, audits, audits at the business of the authorities announced by regulation or submitted by text to the owner of the owner.

6. Information, other relevant documents by law.

What? 11.

1. Financial Supervisor performs by direct monitoring, indirect monitoring, presupervised oversight, monitoring in, of the following monitoring, which focuses on pre-monitoring and monitoring in order to timely detection of financial risks, restrictions in the system. the financial management of the business and have a warning, solution solution.

2. The inspection, the inspection of the periodic or the mutation in accordance with the law of the examination, the inspector.

What? 12.

1. The responsibility of the owner representative body:

a) Building and enact the effective oversight of financial oversight and evaluation of enterprises (in which specific regulation of responsibility, coordination mechanism, reporting in the internal body of ownership of the owner and between the representative body of the owner with the stakeholders) in the six (06) months of the following month from the date of this decree taking effect;

b) Deliver a unit leading the implementation of the financial oversight and evaluation of enterprise activity;

c) Building the information technology system to gather information directly from the businesses;

d) Identilocate only the special financial watchdog (if any) for each business in each period in accordance with the business activity and financial situation of the business;

The planning of financial oversight (including inspection plans, financial testing) for businesses. The financial oversight plan must determine the target, the content, the object, the scope of oversight for each business. The Financial Supervisor Plan must be taken with the opinion of the financial authority and ministries, the relevant sector, the Government Inspects and the State Audit before December 31 of the previous year to complete, approve and announce before 31 January each year;

e) The time regulation filed a report on the financial situation of businesses for the owner ' s representative body, ensuring that the owner of the owner had enough time to sum up and set up a Six (06) month report on financial oversight to the Ministry of Finance before Aug. 31. August of the Year of the Year of the Report and Fiscal Supervising Report of the Year to Send the Ministry of Finance before May 31 of the next year;

g) Collation and manage the financial information of each business that guarantees timely, full, continuous;

h) When the financial situation is detected, the financial management of the business has a risk sign, which must be warned in time for the business. The business direction has the solution in time to prevent, rectify the risks, weakness; the introduction of corrects and mismanagement of the business management of the business; report the Prime Minister and inform the financial body of the same level to the government. case of violation of the law of corporate finance;

i) Based on the results of corporate finance oversight and financial management regulations, businesses, agencies that represent the financial oversight report of each business. The business case with signs of loss of financial safety stipulated at Article 24 of this Decree, the agency that owns the "Enterprise has a financial safety sign", decides the need for a special financial oversight regime according to the company. specified in Section 4 Chapter III This decree;

) Set up the Financial Supervising results Report 6 (06) months and annually to the Ministry of Finance accompanying the financial oversight report of each business. The six-month report sent before August 31 of the year of the report; report the year to 31 May of the next year. The owner of the owner is responsible for the integrity, the accuracy of the results of the corporate finance oversight outcome due to its decision to establish or be delivered.

l) The organization performs the directorship of the Government, the Prime Minister and the recommendations of the financial agency, the inspection agency, the inspection, audit of the handling of the errors and measures to increase the oversight of the business finance. Discipline treatment for business managers is public or officials in cases that do not implement the correct reporting regime and do not approve the recommendations, directed in the oversight report of the owner ' s representative agency, of the Ministry of Finance of the Ministry of Finance. Yeah,

Where the financial reporting case has an incomplete indication, exactly, the right-owner agency is entitled to ask the business to hire an accounting firm, an independent audit that meets the professional condition that imples the acquisition of the financial metrics of the business. You know, a career for evaluation, assessment, and oversight.

2. Ministry of Finance responsibility:

a) Coordinate with the representative body of the establishment and implementation of a plan to monitor businesses; monitor under the subject or at the request of the Government, the Prime Minister;

b) Building the right information system to collect, store, and process information, report enterprise financial oversight;

c) The base reports the financial monitoring results of the owner ' s representative agency and reports the results of a thematic monitoring of enterprise finance management (due to the inspection agency, State Auditor or Financial Authority), the government reporting aggregation, Prime Minister and Chief Financial Officer. The Government General is six (06) months and annually on the situation of management and use of state capital at the enterprise, operational efficiency and financial realities of businesses. The report of six (06) months sent to the 30th of September of the year of the report, the Report of the Year sent on July 31 of the next year;

d) Warning businesses with signs of loss of financial safety, which are responsible for answering the petition, the proposal of the business;

Exchange, clarify the base, comment on assessment, warning, recommendation in the case of the business and the owner of the owner with other opinions of the Ministry of Finance. In case, the owner ' s representative body, the business still has other opinions, the Treasury Department, which reports the Prime Minister considers the decision;

e) The Prime Minister's recommendation to govern by the rule of law on the person of the responsibility of the owner of the owner and the business manager does not implement the report regime, does not approve the recommendation, the direction of the governing body of the owner. Yes, and the Ministry of Finance.

3. Corporate responsibility:

a) Building and enact management processes that serve financial oversight and effective evaluation of business production activities of the business, including: Budget planning and forecast process, accounting process, merger of the merger of the merger, the process, and the management process. management of financial risk, business production planning, financial oversight regulation and operational efficiency assessment for subsidiaries, companies affiliated;

b) The board specifies the assignment of the mission, the responsibility of the departments, the departments; the coordination mechanism between departments, in particular the departments with oversight functions and internal control departments; the organization of financial oversight within the enterprise. A member council (Chairman of the Company) uses the apparatus in the organization of the business to carry out this oversight. The business must report a result of the annual recurring internal financial monitoring work at the request of the owner representative agency (if any);

c) Building the information technology system that supports the operation of internal control department in private and business in general, ensuring the collection is informed of corporate financial oversight standards;

d) Set up and submit reports serving financial monitoring under the regulation of the financial body and of the regulatory holder agency under the regulation at this Decree;

) Acquired by the right to hire financial advisory services to build the special financial watchdog (if any), report the owner of the review, approval as the basis for the organization to execute;

e) Having the responsibility of hiring the company to provide accounting services, independent audits at the request of the owner representative body to reexamine the financial metrics of the business, this cost is factored into the cost of the business;

g) Construction and implementation of measures to prevent, overcome risk of loss of corporate finance, risk in corporate finance management when there is a warning by the owner of the owner, the financial institution;

h) Perform fully timely implementation of the direction, the recommendation of the representative body of the owner, the financial institution in the monitoring reports. The case is not united, within 15 working days from the date of receiving the advice of direction, recommendation, business reporting the agency representing the owner and the financial institution. When the representative agency owns, the financial institution gives the final opinion the business is responsible for implementing those opinions.

Item 2

FINANCIAL OVERSIGHT OF YOUR COMPANY,

AFFILIATE COMPANY

What? 13.

1. The parent company performs financial oversight of its subsidiaries, the affiliated company.

2. The owner of the presiding officer in coordination with the financial body carrying out indirect oversight of the subsidiary companies, the company's critical affiliate company through the parent company.

What? 14. Supervising Object

1. The subject needs to be monitored by the regulatory parent company at Clause 1 Article 13 This decree includes all subsidiaries, the corporate affiliate company.

2. Subject to supervision by the representative body of the owner and financial institution under the regulation at Clap 2 Article 13 This decree includes:

a) The subsidiary of the business;

b) The business is important to the business. The identification of the affiliated company is important due to the agency representative agency in coordination with the parent company choosing to follow one of the following criteria:

-There is strategic importance (about technology, or about the market, or in terms of finance) for the development of the business;

-Have a parent company ' s capital rate of over 35% of the charter capital;

-There is a level of regulatory capital that achieves classification criteria from the Group B project onwards as defined by the Public Investment Law;

-The expected profit is divided from the combined company that contributes over 10% of the revenue (including sales revenue, service delivery and financial operating revenue) of the business in the year of reporting.

What? 15. surveillance content.

1. For its subsidiary

a) The parent company performs supervising the subsidiary on the basis of reference to regulatory content at Article 9 of this Decree;

b) The sovereign representative body in coordination with the financial authority and the parent company implementing the financial oversight of the subsidiary according to regulation 1, 2, 3 Article 9 This Protocol.

2. For the affiliate company

a) Business production situation: volatility in revenue, volatility in profit compared to the two closest years;

b) Effective capital investment: Capital recovery, profit margin, dividends divided from investment capital out of business;

c) The ability to pay, the debt system must be paid on the equity;

d) The transfer of capital was invested.

3. The Ministry of Finance rules out the "subsidiary Financial Supervising Report, Affiliated Company" that the parent company must submit to the agency of the owner and financial institution.

4. The parent company is responsible for building a template to perform financial oversight of its subsidiaries, the company linked to regulatory content at Clause 1 and Clause 2 This.

What? 16.

1. The parent company does the financial oversight of its subsidiary, the company linked by direct surveillance, indirect surveillance, presupervised oversight, monitoring of the following, the following monitoring, which focuses on indirect monitoring.

2. The Agency represents the presiding officer, in coordination with the financial body that performs indirect oversight of the subsidiary, the key affiliate company of the business.

3. The case with signs of a violation of the regulation of the law on corporate finance, the agency that owns the coordination of the financial agency review, decides to take a direct form of oversight at the parent company or the parent company due to its parent company. Holding 100% of the rules.

What? 17.

1. The responsibility of the owner representative body:

a) The most consistent topic with the parent company list of subsidiaries, the affiliated company needs to submit to the Financial Supervising Plan in accordance with the Regulation 1 Article 12 This decree;

b) The parent company building the Financial Supervising Report for its subsidiaries, the affiliated company of the business in the Financial Supervising Plan;

c) Collecting Periodic Financial Oversight Reports of the parent company for subsidiaries, companies affiliated to the Financial Supervisor Plan;

d) Analysis of the business production situation and the financial risks of the subsidiaries, the affiliated company of businesses; and the companies.

The case of a business-producing situation, the investment efficiency of capital, has a risk of warning at the same time as the parent company to clarify the cause at the Financial Supervising Report of the subsidiary, the most recent association company.

2. The responsibility of the financial body:

a) Coordination with the agency that owns the implementation of the plan to monitor the subsidiaries, the company's critical affiliate company;

b) Analysis of the financial risks of subsidiaries, companies affiliated to make warnings, recommendations for the owner and parent company.

3. Corporate responsibility: Implemation of regulations at paragraph 3 Article 12 This decree and the following regulations:

a) The master of the construction of financial oversight, efficiency of capital investment, the operational situation of each of its subsidiaries, the affiliated company;

b) Financial oversight planning of subsidiaries, affiliated companies, ensuring the acquisition and processing of timely information; unify the list of subsidiaries, the key association company that needs oversight of the owner's representative body;

c) Set up a subsidiary financial monitoring report, the company linking six (06) months and annually to the agency representative agency and the financial body along with the regulatory reports at Point 3 Article 12 This Protocol.

In case the results of business production and capital investment efficiency in the subsidiaries, the affiliate company did not plan to approve the first approval, the parent company must process and propose remedied, handling of each of its subsidiaries, the company aligned in the Report. The financial oversight of the subsidiary, the affiliated company that sends the owner of the owner;

d) When there is a warning by the owner of the owner, the financial body about the financial risks to the subsidiaries, the affiliated company, the parent company must build and implement the measures to prevent, overcome.

Section 3

THE INVESTMENT SUPERVISOR OF THE INVESTMENT BUSINESS ABROAD

What? 18. Supervisor

1. The parent company makes supervising operations abroad of the parent company, the subsidiary, the company owned by the parent company and the capital subsidiary (established before July 1, 2010).

2. The presiding agency owns coordination with the financial body overseeing foreign investment projects that have the capital of the state-owned enterprise, the subsidiary of the state-owned enterprise through the parent company.

What? 19.

The supervising object is the whole of the business ' s foreign investment projects, including the projects of the parent company, the subsidiary and project owned by the parent company and the capital subsidiary.

S

1. The management situation and the use of business capital investment abroad:

a) Progress deployment project compared to the plan;

b) Business investment capital investment: Investment form, investment capital structure for the project, volatility of total project investment (if available);

c) The situation of capital mobiles, asset management and debt management of overseas projects, including enterprise-owned investments in the parent company model-the loan subsidiary or other capital funding.

2. Results of the business production operation of the project: Revenue, profit, profit margins on equity (ROE), profit margins on total assets (ROA).

3. The capital recovery situation (including equity and other funding under the other form) and performs obligations with the state budget: Vietnam investor ' s split profit; profit to reinvest; profit shifting of water and profit being used in the United States. For another request.

4. The risks at the investment site.

5. The implementation and implementation of the Regulation of Operations and Management, the use of capital, assets of overseas business.

6. The Ministry of Finance provides the forms to perform the regulatory content specified in this Article.

What? 21. surveillance base.

1. Regulation of foreign investment legislation, regulation of law on management and use of state capital invested in manufacturing, business at the business.

2. Financial Reporting 6 (06) months and annual of the project abroad.

3. Inspector results, test, audit at the project of functional authorities (if any).

4. Rules of operation and management, capital use, assets of overseas business.

5. The regulations on the economic, technical level of the industry.

6. The investment report of the project is granted the authority to approve.

What? 22.

1. The parent company makes supervising operations abroad by direct surveillance, indirect surveillance, presupervised oversight, monitoring of the following, supervising the following, which focuses on indirect monitoring.

2. The owner of the presiding officer, in collaboration with the financial body that carried out the operation of the business outside of the business, in which the focus of the previous oversight and supervising oversight.

3. The case of the agency that represents the owner or the financial institution that finds the business is not honest, to occur in management of the mismanagement, use of investment state capital at the business involved in the investment of foreign investment or other projects. Foreign investment in finance, the owner of the owner needs to coordinate with the financial agency choosing to implement direct oversight at the parent company or the parent company owned by the parent company, which holds 100% of its operating capital. The investment is foreign.

What? 23.

1. The responsibility of the owner representative body:

a) The collection of periodic financial monitoring reports of the business on foreign investment projects;

b) conduct analysis of the business production situation and the financial situation of the foreign investment projects of enterprises. The case found that the risk was a timely warning to the parent company, while announcing the financial agency to consider co-ordination of direct surveillance at the parent company or the parent company owned by the parent company 100% of the charter capital;

c) The owner of the owner is responsible for consideration, in coordination with the financial body to implement the necessary solutions to disengage the difficulty, entanged for the investment project abroad; report the Prime Minister in the event of exceeding the jurisdiction. regulation.

2. The responsibility of the financial body:

a) Coordination with the agency representative body implementing oversight of the foreign investment projects of businesses; and the implementation of the project.

b) On the basis of reports of the business and of the owner representative body, conduct the analysis of the business production situation and the risks of the investment projects abroad. The detection case has a sign of violation of the regulation of the law on corporate finance or the risk-risk project that must be warned to the owner of the owner.

3. Corporate responsibility:

a) Construction of the Regulation of Operations and Management, the use of capital, assets of overseas business;

b) Construction of the monitoring of the results of the results of the business production results, the capital investment effect on foreign investment projects;

c) Planning to monitor the financial and investment situation in foreign investment projects;

d) Set up the Financial and Financial Intelligence monitoring report out of six (06) months and annually to the agency representing the owner and the financial institution. In the case of business production results and capital investment efficiency on non-planned projects, the business must process and propose a measure on each project. The deadline to submit the report made by the regulation of the owner representative body;

In the course of the implementation of the investment project abroad, the case develops serious impact issues to investment activity, business production (political risk, legal risk, market risk, financial risk), the business needs to report. Honest, timely, and proposed a solution with the agency that represents the owner and the financial institution.

Section 4

SPECIAL FINANCIAL OVERSIGHT

What? 24. The financial safety signs of the business

1. The financial safety signs of the business include:

a) For the business that is in the planning phase: There are a loss of five reports that are 30% greater than the expected plan of approval.

b) For the business after the planned hole phase:

-There are a number of losses in the year reporting from 30% of the owner's investment or the number of accumulated accumulated losses of more than 50% of the equity of the owner;

-Having the debt coefficient to pay on the equity capital exceeds the safety in accordance with the regulatory law of management, the use of state capital invested in the production of business at the business and regulation of the owner representative body (if any);

-It has a limited amount of debt payment to less than 0.5.

2. Other signs that the owner of the owner need to combine the review when determining the financial loss sign of the business includes:

a) For the business that is in the planning phase: There are a number of actual holes that are greater than the number of planning holes in two years.

b) For the business after the planning stage

-Two years forward;

-Net sales or gross profit margins two years or more;

-Has a low credit rating on the rating of credit rating organizations;

-Do not conduct financial statements audits, or have an unaccepted opinion, the opinion of rejection in the audit report, or have an opinion except in the audit report for 2 years on the same issue that has a major impact on the business production operation. Business.

3. The specified signs at Clause 1, Clause 2 This is a warning sign that the ability to place a business into special financial oversight. When the business has one of these signs, the owner ' s agency and the financial agency and the co-ordinated co-ordination review the financial loss of financial safety, the business of operating the business and investment of the business to decide to take the business. in particular financial oversight or continuing to carry out the financial oversight under the provisions of Section 1 Chapter III This decree.

What? 25. Special Financial Supervisor Decision

1. When the business is placed in a state of special financial oversight, the owner of the owner is the decision to oversee the special financial oversight of the business. Special financial oversight decisions include the following:

a) The business name of the Special Financial Supervisor;

b) Special financial oversight;

c) Special financial oversight.

2. The special financial oversight decision is informed by the owner of the ownership agency with the financing agency of the same level to coordinate the execution.

What? 26. The processing process of the owner ' s representative body to the business is included in the special financial monitoring area.

1. The business coordination conducts analysis, evaluating the main causes leading to the ability to lose the financial safety of the business.

2. Coordinate the business of corrects the financial difficulties of the business. The business case needs to restructure the organization, business activity, finance, the owner 's representative agency must proceed to approve the restructuring of the business' s restructuring in the period of no more than 30 working days since the date of receiving the company ' s methodology. Oh,

The correcing method, the restructuring method must explicitly specify the unit, the individual responsible for deployment; specific results when completing the method; the deadline begins and is expected to be completed; the conditions need and sufficient to deploy the project and the need for support. in the scope of the rule of law (if any).

The owner of the owner may be able to advise the agency to help the owner of the research and evaluate the correctable method, the structural restructuring of the business. The cost of hiring consultants is at the expense of the business.

3. Regulation the frequency of reporting, supervising criteria and the mechanism of information feedback between the owner of the owner, business and other stakeholders (if necessary).

4. Corporate oversight on the methodology has been approved.

5. Coordinate with the financial agency that the same level conducts analysis, valuing the results of business activity, financial management, and operating the business of the business of the business to deliver the direction of the direction to the business.

6. In case of need, the owner 's representative body may hold a test or coordination with the financial body and the organization of the enterprise test organization to assess the honesty, precisely the indicators in the business' s reporting; Enterprise management operations management operations; manufacturing management, business management, financial management and other resources of the business.

The inspection must comply with the provisions of the law on inspection, inspection. The end of the test must have a report, which concluded the audit content and made recommendations to improve the business efficiency of the business.

7. The Prime Minister of the Government of the Disposal Methodology in the case of a business has made the requirements of the owner representative body and the financial body that results in the business production and financial situation of the unimproved business.

8. Evaluation, the decision to put the business under a special financial oversight out of the Special Financial Supervisor List when the business has recovered, there are no longer signs of financial safety and fulfills the full-scale surveillance report mode. I mean, at this decree. The representative representative body issued the decision to end the special financial oversight. This decision was announced to the financial institution of the same level.

9. The business of special financial oversight after the end of the application of austerity measures, the restructuring process that has not yet recovered its business production, financial situation according to the restructuring of the business, the methodology, and ... The recovery must be reported by the authorities to make the transfer of ownership or rearrange the business by regulation.

What? 27. Member of the Board of Directors (Chairman of the Company), General Manager or Corporate Director of Special Financial Supervisor

1. Set up a remedy, organizational restructuring, business and financial activity to host the owner of the owner over the 30-day period from the date of the Special Financial Supervising Decision.

2. The report of the owner representing the owner, the frequency-based financial body that has united with the agency that owns the oversight of approved surveillance targets in the correcing method, the organizational restructuring of the organization, business and financial activities of the company. Business.

Section 5

EFFICIENT EVALUATION OF ACTIVITY AND RATING OF BUSINESS

What? 28. Sales performance criteria

1. The criteria for evaluating the performance of the business:

-First criteria. Revenue.

-criterion 2. After tax returns and post-tax profit margins on equity.

-Three. The debt is payable, the ability to pay the debt to the limit.

-Four. Approve the law on investment, management and use of state capital at the business, tax legislation and other budget revenues, regulations on financial reporting regime and reporting to carry out financial oversight.

-Five. Product execution, utility service.

2. The regulatory criteria at Clause 1 This is determined and calculated from the metrics in the audit year financial statements that have been audits, the periodic statistical report by the current regulatory regulation of a independent liability company a member independent and of the company. Mom.

Criteria 1, 2, 4 and the 5 criteria are at this 1 Article when the calculation is considered, excluding the impact factors:

-Due to the objective cause: Disaster, fire, disease, war, and other unimpediable causes;

-Due to investment expansion development development, the approved plan for approval has affected profitability in the first two years since the year of bringing the investment in use;

-The price-adjusted state (for a state-valued product) affects the revenues of the business or must carry out economic-social goals under the direction of the Government, the Prime Minister.

3. For the established and practical business practice is regularly stable and primarily to provide product, utility services, the classification of the base business every 1, 3, 4, and the 5-rule criteria at Clause 1 This.

4. The evaluation of the operational results of the Enterprise Manager performed by the regulation of the Government and the following criteria:

-The level of completion of the total ownership agency represents the profit after tax profit and post-tax profit margins on equity;

-Business rating results;

-The level of completion of the product supply plan, the utility service (for the business supply supply enterprise).

What? 29. The base reviews effectively and ranked the business

1. Development Plan of development, business production plans, the annual financial plan of the business; and more.

2. The results of the planned implementation of six (06) months, each year;

3. Financial Reporting six (06) months, yearly;

4. Corporate finance monitoring results;

5. Development issues may impact the outcome of developing investment planning, manufacturing planning, business, financial planning.

What? 30. Efficiate assessment method and business rating results

1. Base the criteria for evaluating the effectiveness of business operations provided at Article 28 of this Decree, the owner of the owner who owns the delivery of the assessment, which is in line with the specific activities of manufacturing, the business of each business. These instructions must be delivered to the business by writing before the 30th of April of the year of planning and not to be adjusted during the planning period (except for the unimpediability cases).

The business production plan, the business 's annual financial plan must be based on the business' s strategic plan, the development trend of the industry, the legal changes, the operational results of the previous year, the strategic missions and the development of the business. or the tasks that are delivered during the planning year, the conditions inside and outside the business. The annual plan must include specific financial objectives.

2. The efficient evaluation and classification of the business performed on a comparison basis between the plan, the target, the task of being assigned by the owner to the owner with the results.

3. Sales and rating results are classified: Business rating A, business rating B, business rating C according to the level of completion of assessment criteria issued by the representative body of ownership for each business.

a) For business operations business, the results of the results are classified by each of the criteria 1, 2, 3, and the 4 criteria at Clause 1 Article 28 of this Decree to classify each business as follows:

-Businesses rank A when there are no C rating criteria, in which criteria 2 and 4 are ranked A;

-Business is ranked C when there are criteria for 2 or with criteria, 2 ranked B and 3 criteria for C;

-Business rating B is the remaining business that does not rank A or type C.

b) For the established business and the practice of operating regularly and primarily to provide products, utility services, the resulting base is ranked by every 1, 3, 4, and 5 criteria in Clause 1 Article 28 of this decree for classification. for every business as follows:

-Businesses rank A when there are no C rating criteria and 4 criteria and 5 rating A;

-Business is ranked C when there are five C-rated criteria or have five-ranked B and 3 criteria for C;

-Business rating B is the remaining business that does not rank A or type C.

4. The Ministry of Finance specifically instructs the efficient evaluation and rating of business by regulation at this.

What? 31. Report assessment and rating of business

1. For the business:

a) Enterprise base of the criteria for efficient evaluation of operations regulations at this decree and the commanders by the agency representative agency to evaluate and rank the business, establish and submit a yearly assessment and rating report for regulatory agencies. at the point b 1 This is for the appraisal and publication of the type for the business;

b) The business is a parent company that sends a report of evaluation and classification to the agency that owns the owner and the Ministry of Finance, the business is a limited liability company an independent member issued by the Department of Industry and the Provincial People ' s Commission decided to form a deposit. the assessment and classification report for the owner of the owner;

c) The sales assessment and classification of businesses must be sent over time by the regulatory holder agency.

2. Property representative body:

a) Rule the time of filing a review of the assessment and classification of businesses for the owner's representative body, ensuring that the owner of the owner has enough time to evaluate the results before 31 May.

b) Public review of the assessment, rating of businesses, and simultaneously sending the Ministry of Finance to only evaluate, rating businesses to coordinate the assessment;

c) The report of the effective assessment of the operational effectiveness and classification of the businesses was established or administered;

d) Set up an effective assessment assessment and classification of businesses, the situation that carried out the assignment of the utility of state enterprises, sent to the Finance Ministry prior to 31 May of the following year;

The owner of the owner announced the results of the business prior to June 30 each year.

3. Ministry of Finance;

a) Participation in the opinion with the owners of the owners of the business classification within 10 days of work since the date of receiving the opinion of the owner's representative body;

b) Set up an effective assessment assessment and business classification, the situation that carried out the task of utility delivered by state-owned enterprises, which reported the Government before July 31 each year.

Chapter IV

FINANCIAL OVERSIGHT OF THE BUSINESS

STATE CAPITAL

What? 32.

1. The owner represents the oversight function through the Representative for the holding company, LLC's two-member LLC.

2. Financial Authority:

a) Every year, the Ministry of Finance aggreges the financial oversight of the owners representative agencies to report the Government on the operational effectiveness and implementation of the assigned utility duties of the businesses that the State holds over 50% of the charter capital; the report. The government in terms of state capital investment efficiency at businesses that the State holds no more than 50% of the charter capital;

b) The provincial finance department of the provinces, the city is the first to help the Provincial People's Committee to report oversight to state-owned enterprises of the Provincial People's Committee.

What? 33. The surveillance content.

1. For the State-held business over 50% of the charter capital

a) Monitoring and developing state capital at the enterprise.

b) Monitoring the management and use of capital and state assets at the enterprise according to the following content:

-Capital investment activity, corporate assets and investment activities that go outside the business (operational capital attached to the investment project, the progress of the investment project, the investment of investment financing);

-The situation of capital mobiles and capital use of capital; issue of bonds;

-Property management situation, corporate debt management, the ability to pay the debt of the business, the debt system must pay on equity;

-The business's currency transfer situation.

c) Business activity monitoring of the business:

-Business activity results: Revenue, profit, profit margins on equity (ROE), profit margins on total assets (ROA);

-The implementation of the service with the state budget.

d) Monitoring of the implementation of state capital degeneration, state capital recovery, profit margins, dividends divided from the business.

2. For businesses held by the State not more than 50% of the charter capital

a) Monitoring of the conservation and development of state capital at the business;

b) Monitoring of capital mobiles and capital use;

c) Monitoring the business activity of the business: Business Activity Results: Revenue, profit, profit margins on equity (ROE), profit margins on total assets (ROA);

d) Monitoring of the implementation of state capital degeneration, state capital recovery, profit margins, dividends divided from the business.

3. The Treasury Department specifically regulates the forms, which only reports the regulation at paragraph 1 and paragraph 2 This.

What? 34.

1. For businesses held by the State to over 50% of the charter capital: Financial oversight of the financing performed indirectly through periodic reports, mutants or at the request of the owner representative body of the state equity agency at the press business. Fox. The case found to be a sign of a violation of corporate finance management, the agency representative agency that directed the state equity representative at the business asking the Enterprise Control Board to take an examination of the law enforcement of the law. management, use, conservation, and capital development of the business.

The ultimate responsibility for corporate oversight of enterprise surveillance, the state capital representative at the business is the individual who is the owner of the owner of the business that oversees the business and is solely responsible for the work done. It's the owner of the owner.

2. For businesses held by the State not more than 50% of the charter capital: Financial oversight, effective evaluation of state capital use at the business indirectly through the periodic reports of the State Capital Representative at the business.

What? 35. Financial Supervisor Report Mode

1. For the State-held business over 50% of the charter capital

a) Financial oversight report

Periodically six (06) months and every year, the state capital representative in the business sets up financial oversight reporting by regulatory content at Clause 1 Article 33 This decree and sends the body of the owner and financial authority to the same level (the Treasury Department). for the business of commodity stocks, conversion from the economic conglomerate, state company total, commodity equity, corporate transformation; the Finance Department for business equity, shifting from the business of the Provincial People's Committee.

The time of sending the financial supervising report of six (06) months and years of execution follows the regulation of the owner ' s representative body.

b) Financial monitoring results report

-The oversight reporting base of the State Capital Representative at the business, the Department of Industry Management performs financial oversight of the holding company, LLC is transformed from the state business as the parent company, the responsibility company, and the company. due to the Ministry of Decisions established or administered by the Ministry of Decision, the Ministry of Industry Management aggregable results on the company with the state capital in the report of the Ministry's Financial Supervisor results report to send the Ministry of Finance before July 31 of the five reports to the report. charge of six (06) months and before May 31 of the next year for the report of the year.

-The oversight reporting base of the state capital representative at the business, the Provincial People 's Commission performs financial oversight of the shifting businesses, shares from the state enterprise led by the Provincial People' s Commission decided to form a new government. and the Finance Department aggregable the financial oversight results and sent back to the Ministry of Finance before July 31 of the five reports to the six (06) months and before May 31 of the next year for the year report.

-The Joint Finance Ministry reports the results of the monitoring results of the Department of Industry regulators, the Provincial People's Committee to report the Government before 30 September of the report against the 6 (06) report of the month and before July 31 of the next year for the year's report. The report content consists of an effective review content and the implementation of the work of the utility assigned to the state-held business of over 50% of the charter capital within the country.

2. For businesses held by the State not more than 50% of the charter capital

a) Financial oversight report

Periodically, the Representative of the Financial Supervisor Report follows the specified content at paragraph 2 Article 33 and sends the agency representative body. The deadline for reporting execution by the regulation of the owner of the owner.

b) Financial monitoring results report

The monitoring base of the state capital representative at the business, the agency that owns the composite owner Report Financial Supervisor results and sent the Ministry of Finance ahead of the 31 May next year to the Ministry of Fiscal Finance to report the Government on effect. The use of state capital at business within the country.

What? 36. Evaluation of the operational results of state-owned enterprises

The representative agency owns the criteria for evaluating the performance of the state-owned enterprise for research, building the efficient evaluation criteria for state capital investment in state-owned enterprises by two groups: Business held by the State. Over 50% of the state's regulatory and business capital holds no more than 50% of the charter capital. The representative agency owns the effective assessment of state capital investment efficiency at the business and the operational results of the state-owned enterprise to consider continuing investment, expansion of investment or state capital degeneration at these businesses; co-investment in the country. At the time of the evaluation base, commendation to the State Capital Representative at the business and as the basis for building plans, tasked with the State Capital Representative at the business the next year.

Chapter V.

REGULATION OF STATE ENTERPRISE FINANCIAL INFORMATION

Item 1

GENERAL REGULATION OF FINANCIAL INFORMATION

What? 37. The Subject performs public financial information.

1. State business makes the public information public information in accordance with Section 2 Chapter V This decree and the Protocol on the publication of the operating information of the state-owned enterprise.

2. The business has a state capital that makes public financial information in accordance with the provisions of the law and the Business Charter.

3. The owner of the owner performs public financial information under the regulation at Section 3 Chapter V This decree and the Protocol on the publication of the operating information of the state-owned enterprise.

4. The Ministry of Finance makes public information of business financial information under the regulation at Section 4 Chapter V This decree and the Protocol on the information publication of the state enterprise.

5. Enterprise operates in the financial sector, banking, insurance, lottery, Stock Exchange, the Securities Exchange Center that performs financial public in accordance with the provisions of the specialized law and regulations at this Decree.

6. State enterprises directly serve the defense, security and state-owned enterprises to combine the economy with the defense, the security of carrying out financial information under the guidance of the Minister of Public Security and Minister of Defense.

What? 38. The purpose and the public information public information

1. The purpose of public information information

a) Ensuring transparency, honesty and financial situation of the state enterprise; finding out in time of the conduct of the financial management regime, the accounting regime of the business;

b) Impleming the powers and responsibilities of state owners, workers in the monitoring, inspection and implementation of democratic regulation in the state enterprise; practice of saving against waste, fighting corruption, raising the efficiency of manufacturing operations, and the implementation of the government. business, preserving and developing state capital.

2. Request to publicate financial information

a) The basis for implementing a business financial public is the financial report, the management report and the annual financial monitoring of the business; the annual financial oversight report by the representative body of the owner;

b) The public information implementation must meet the requirements for the implementation of the information published by the decree of the Protocol on the publication of the operational information of the state-owned enterprise.

Item 2

PUBLIC INFORMATION OF THE STATE ENTERPRISE

What? 39. Public financial information content by definition.

1. The business makes a public implementation of Financial Reporting Six (06) months, the Year's Financial Reporting (which has been audits) includes: Balance Sheet; Report of Business Activity results; Monetary Report Statement; Report of Financial Reporting by Regulation of the law of accounting. For businesses that operate under the parent company model-company model, when publicly reporting the year (already audits) the business must publicly execute the parent company's financial reporting year and the merged year financial report.

2. The business performs publicly the financial statements of the business along with the opinion, the petition of the audit, of the representative body of the owner and the financial body of financial reporting and the financial situation of the business.

3. The public deadline for the financial reporting of the business prior to August 15 of the year of reporting to the Financial Report of 6 (06) months and before May 31 of the next year for the Financial Report of the Year.

What? 40. The method of public-financial information follows periodically

1. The implementation of the periodic financial information is carried out on the enterprise's electronic information page, written reports, on other publications of the business and public at the Conference of the cadres, workers, officials of the business.

2. The business sends Financial Reporting Six (06) months, the annual Financial Reporting has been audits to the agency that owns the owner and the Ministry of Planning and Investment for public execution by regulation; sending Financial Reporting Six (06) months, Financial Reporting and Financial Reporting. The year has been audits to the Ministry of Finance to coordinate the monitoring of the public's financial information publicly.

What? 41. unconventional public information content.

The business makes public financial information unusual in accordance with the laws of the business.

Section 3

INFORM THE INFORMATION OF THE OWNER ' S AGENCY

What? 42. The information public information of the owner ' s agency

1. The representative body of the owner publicly regularly on the electronic information portal of the business list agency due to its establishment or delivery of management and the portion of the state's contribution to the business.

2. Public equity representative agency plans to monitor the businesses due to its establishment or be delivered before 31 January, while sending the Ministry of Finance to coordinate surveillance.

3. The owner of the public owner publicly decides to communicate the annual assessment of each business by its establishment or to be delivered on May 31 every year, while sending the Ministry of Finance to coordinate surveillance.

4. Public ownership agency publicly reports investor intelligence, management, use of state capital at the business before June 30 every year.

5. Public ownership agency publicly reports Six (06) months and the Business Year's Annual Financial Report within the year (05) working days from the date of receiving the financial statements of the business.

6. The Ministry of Finance rules out the information publicly available at Section 4 This.

What? 43. The information public information of the owner ' s agency

1. The owner of the owner makes public information of the state business in accordance with the prescribed method at the Protocol on the publication of the operating information of the state-owned enterprise.

2. The owner 's representative body must establish and send the Ministry of Finance to publicly implement the financial information of the owner' s representative body and businesses before the next June 30, next year.

Section 4

PUBLIC FINANCE MINISTRY INFORMATION

What? 44. Content Ministry information public information

1. Make a public implementation of the state capital investment monitoring plan entering the business before January 31 each year.

2. Public implementation of the Government Report on Investment Operations, Management, Use of state capital at the business of the slowest 10 days after the Government reported the National Assembly.

3. Public implementation of the report reviews the results of the operation and ranked the business as of 30 October of the next year.

4. publicly publicly oversee the financial information public information of the business and the slog-owner representative agencies on 30 October of the next year.

5. The Prime Minister ' s direct base, which conducts publication of the results of overseeing the state capital investment into business the previous year.

What? 45. Department of Finance Information

1. The Ministry of Finance opens the "Public Information's Public Information" section on the Treasury portal of the Ministry of Finance to take on and implement the financial information of the business. At the same time, the Ministry of Finance set up an official email box to receive public information provided by the businesses and the owners ' agencies.

2. The case of public-public information cannot be done on time for the unimpediable reasons, the Treasury Department reports the Prime Minister on the grounds of public deferring and the expected time to make public information return. The Ministry of Finance must make public information immediately after the event of an unimpediability event has been overcome or soon after the expiration of the deadline is suspended.

Chapter VI

COMPLIMERS AND BREACHES.

What? 46. Khen reward for Business Manager

1. Every year based on the level of completion of the mission, the business manager is given a reward from the Enterprise Manager Award as follows:

a) The completion of the task: to be awarded a maximum of 1.5 months of the work of the business manager;

b) Complete mission: To be awarded a maximum of 1 month of the business manager's execution;

c) Do not complete the task: Do not be rewarded.

2. The extraction level and the use of the Enterprise Manager Fund, the authority decides the award for the Enterprise Manager to implement the Government's provisions and the direction of the Ministry of Finance.

What? 47. Deal with violation and form of discipline

1. For Business Manager

The owner of the owner considers the degree, the damage to the investment state in the business, deciding the forms of discipline: Controlery, warning, wage deprivation, forced resignation; decision-level decisions and other benefits to the public. The business manager if violating the following regulations:

a) Do not submit, submit incomplete, do not specify the prescribed reports of the competent organ, of the owner's representative body; the content report content is not honest, incomplete;

b) Do not implement the correct financial information in time, correct content rules;

c) Not implemented or implemented without full of instructions, recommendations, solutions of the representative body of the owner and the financial institution.

2. For the Representative of State Capital at Enterprise

The owner of the owner performs a form of jurisdiction over the jurisdiction over the State Capital Representative at the business, or authorized by the agency or authorized by the agency if there is a violation of the following regulations:

a) Do not submit, submit incomplete, not due to the specified reports of the authority of the competent authority, of the owner representative body;

b) Do not appreciate, full of efficiency of state capital investment in the business.

3. For the owner ' s representative body

a) The grant has the authority to review, decide the forms of discipline reprimand, the warning, dismissal, and the manner in accordance with the provisions of the Public Law, the Law of Vienna for the individual, the organization that involved the task of representing the owner of the owner if the breach is violated. one of the following cases:

-Do not execute text-based quota only on the specified deadline by the decree of this decree.

-Do not fully implement the corporate financial oversight content due to its decision to establish or be delivered.

-It is not timely to issue corrects and mismanagement measures on the financial management of the business or not to report the upper-level agency and the corporate finance management body to the cases that violate the laws of financial law. Business.

-Do not file an enterprise financial oversight report for the financial agency over time or regulatory content.

-Non-organized government's directorship, the Prime Minister and the recommendations of the financial agency, the inspection agency, the inspection, audit of the handling of the errors and the measures to increase the oversight of corporate finance.

-A non-honest report results in corporate finance oversight due to its decision to establish or be delivered.

b) The case of the representative body of the alleged violation of the regulations at the point of this paragraph, the Ministry of Finance reports the Prime Minister in accordance with the provisions of the law.

4. For the state business: The annual announcement on the electronic information page of the representative agency owns and sends the Ministry of Finance before June 30 next year on the list of businesses that have infringed behavior:

a) Make the announcement of the information less than 20 days from the stipulation at this decree;

b) The report serves as the financial watchdog for the representative body of the owner or the assessment report and classified the business as slow as 20 days from the regulation at this Decree.

Chapter VII.

THE ORGANIZATION.

What? 48.

1. This decree took effect from 1 December 2015 and applied to the 2016 fiscal year onwards; at the same time the Protocol No. 1. 61 /2013/NĐ-CP June 25, 2013 of the Government on the Promulalization Of Fiscal Oversight Statute and the effective assessment of the operation and the public information of financial information to the state owned by the State as a state-owned and state-owned enterprise.

2. The implementation of the 2015 financial information of the state business is in accordance with the regulation at this decree.

3. During the 01-year period from the date of this Decree effective, the body representing the owner is responsible for organizing the unit as the head of the financial oversight and evaluation of the enterprise, ensuring the unit's lead unit. There are enough numbers of people with expertise in corporate accounting and business knowledge of the business.

What? 49.

1. The Ministry of Finance presided over the ministries, the guidance sector, the organization that implemented and examined the implementation of this Protocol.

2. The Ministry of Labor-Trade and Social presided over, coordinating the agencies involved in monitoring, assessing the policy of carrying out policy on workers in the business.

3. The parent company of corporations, corporate companies, companies operating under the parent company model-the base subsidiary on this Decree to build and implement the operational efficiency of monitoring and evaluation of the operational efficiency of the subsidiary and the affiliated company.

4. Political-social organization based on corporate finance monitoring mechanisms regulation at this decree to organize the oversight of businesses in the management sector.

5. The ministers, head of the body representing the owner, Chairman of the Board of Members or Chairman of the Company, General Manager, Corporate Director is responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung