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FINANCE MINISTRY
Number: 135 /2015/TT-BTC
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 31, 2015
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IT ' S SMART
Organizing the Organization and Operations Charter
of the Vietnam Debt Purchase LLC.
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Corporate Law Base November 26, 2014;
The Management Law Base, which employs state capital invested in manufacturing, business at the business on November 26, 2014;
Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Finance;
Base of Protocol 99 /2012/NĐ-CP November 15, 2012 of the Government on Assignment, Devolve Implementation Of Rights, Responsibilities, obligations of state owners to state enterprises and state capital invested in the business;
Base of Protocol 19 /2014/ND-CP March 14, 2014 by the Government enacted the sample charter of the LLC a member state owned by the state;
At the suggestion of the Chief Financial Bureau of Finance, the Board of Membership LLC Buys Vietnam ' s debt;
The Ministry of Finance issued the Ministry of Information attached to the Organization and Operations Charter of the Limited Liability Company of Vietnam as follows:
Number one. It is accompanied by this Smart Organizational Charter and activities of the Vietnam Debt Purchase LLC.
Second. This announcement comes into effect from 1 November 2015 and replaces the Digital Information. 79 /2011/TT-BTC 08/06/2011 of the Ministry of Finance issued a charter of the organization and operation of the LLC a member of the Vietnam Debt Purchase.
Third. The Director of the Corporate Finance, Prime Minister of the relevant units, the Council of the Membership, the Director General of the LLC for the sale of the Vietnam debt is responsible for this information.
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KT. MINISTER. |
CHARTER
THE LIMITED LIABILITY COMPANY BUYS VIETNAM DEBT
(The Board is attached to the Digital Information 135 /2015/TT-BTC August 31, 2015, of the Ministry of Finance)
Chapter I
GENERAL REGULATION
Number one. Scope, subject to application
This charter regulates the organization and operation of the Vietnam Debt Purchase LLC (later known as DATC) which was transferred from the Company's Debt Purchase and Asset Purchase Company under Decision 1494 /QD-BTC on 30 June 2010 of the Ministry of Commerce. Chief Finance Minister.
Article 2. Explain the word
1. In this Charter range, the words below are understood as follows:
a) "Enterprise Law" The Digital Business Law. 68 /2014/QH13 November 26, 2014;
b) "The law of management, using state capital invested in manufacturing, business at the business" is the Law Management, which uses state capital invested in manufacturing, business at digital enterprise. 69 /2014/QH13 November 26, 2014;
c) "Business Manager" including the President and Member Council Member, General Manager, Deputy General Manager and Chief Accounting Officer of DATC;
d) "State business" is the state-owned business that holds 100% of the charter capital;
Oh, "creditors" It ' s organizations, individuals with debt.
e) "On the debt." It ' s organizations, individuals with debt to pay.
g) Asset owners. are organizations, individuals with property rights;
h) "Debt to debt" is the method built by DATC to buy one or some of the required debt of one or some creditors;
i) "Property buying." is the method built by DATC to buy one or some properties of one or some property owners;
l) "Business restructuring methods through debt-buying operation" is the method built by DATC to restructure, reinstate the operation of the business to collect debt from the purchase of one or some of the debt payable of that customer business;
l) "Reducing the obligation to repay the debt" is the measure of partial liability to the credit-granted client approved by the authority;
m) "Debt purchase price" is the total cost of purchasing the debt to the point of reducing the liability liability, including: the actual debt purchase price (+) the reasonable costs, the valid associated with the purchase of the debt (including the capital raising interest to purchase debt) and the costs of corporate management. The birth is allocated (if any).
2. The words or terms have been defined in the Enterprise Law, the law on the LLC a member owned by the State as the owner and other documents that are relevant would mean the same in this Charter.
3. The references of this Article to the regulation of the other text will include either the modified content or the alternative text of those texts.
Third. Company Name, Headquarters
1. Company Name:
a) Vietnamese name: Vietnam debt liability company;
b) The initiator: DATC.
c) English name: Vietnam Debt and Asset Trading Corporation.
2. Enterprise type: The LLC a member is owned by the State.
3. Company headquarters:
DATC is headquartered in the city of Hanoi, its branches, centers, representative offices, independent accounting units and dependencies in and out of the country;
Headquarters: No. 51, Quang Central Street, Nguyen Du Ward, Hai Phu District, Hanoi city;
Website: www.datc.vn;
Email: datc@datc.v;
Telephone number: 844-394,54,738; Fax: 844-394,54,737.
Article 4. Legal form and legal status
1. DATC organizes and operates in the form of the LLC a member under the rule of law on the business and this Charter.
2. DATC has its own legal status, seals and is open to Vietnamese and foreign currency accounts at the State Treasury, domestic and foreign banks in accordance with the provisions of the relevant legislation.
3. DATC has its own capital and assets, responsible for debts and other financial obligations by its entire assets.
4. DATC is a special class business under Decision No. 55 /2004/QĐ-TTg June 6, 2004 of Prime Minister.
Article 5. Business objectives, industry, business.
1. Active Target
a) Support of the process of restructuring, arrangement, transformation of state enterprise ownership;
b) The equity and development of the investment state equity at DATC and capital of DATC investment in other businesses;
c) To complete other tasks led by the owner of the state.
2. Business
a) The main business profession of DATC in the field of financial services, which focuses primarily on the following activities:
-Buy, sell, handle debts and assets (including property rights to land use, property on land used to secure debt).
-Take on, handle debts and assets that are excluded from the value of the business when making arrangements, converting the ownership of the state-owned enterprise.
-Buy, sell, handle debts and assets tied to the enterprise restructuring.
b) The business of supporting the main business:
-Asset handling, property.
-Consulting, sales, mergers, business restructuring.
-Management, processing, asset exploitation ensures debt, assets that receive debt and assets purchased (including property being the right to use land, property on land used to secure debt).
-execute price appraisal activities, auction on the basis of full assurance of conditions operating under the rule of law.
-Debt and debt management.
-Business of other professions that support the main business sector by the rule of law.
Number 6. Regulatory Capital Level
1. The charter capital of DATC is 6,000 billion copper ($6 trillion).
2. The regulation of the charter capital of DATC follows the rule of law on the state-held business that holds 100% of the charter capital.
3. When there is a regulatory capital change, DATC must adjust the regulatory capital in the business registration certificate and publish the information according to the regulation.
Article 7. State owner and state-owner representative for DATC and DATC.
1. The state is the owner of DATC. The unified government implemented the right, the obligation of state owners to the DATC.
2. The Ministry of Finance performs the rights, the obligations of the state-owned owner according to the division, the Government ' s hierarchy.
3. The DATC member council is the direct state-owned representative at DATC and performs the rights, the obligations of the state owner to the funds that have the contributions of DATC.
Article 8. The representative under the law.
DATC's legal representative is the General Manager of DATC.
Article 9. State Management
The DATC is governed by the governing state governing bodies under the rule of law.
Article 10. Party organization and political-social organizations in the Company.
1. The Party Organization in DATC operates under the Constitution, Law and Charter of the Communist Party of Vietnam.
2. Political-social organizations in the DATC operate under the Constitution, the law and the Charter of the political institutions-that society is consistent with the rule of law.
3. DATC facilitator facilities, time, other necessary conditions for membership to party organizations, political organization-the society that performs full life in accordance with the provisions of the law, the rules and the rules of those organizations.
COMPANY ACTIVITY
What? 11. Operate on debt and property
1. The operation to receive debt and property exclusion does not count on the value of the business when making the arrangement, the transformation of the state-owned enterprise.
The reception of debt and property exclusion does not take into account the value of the business when making the arrangement, the state-owned enterprise-based exchange in accordance with the decision to publish the business value of the competent organ must ensure that there is full of records, there are artifacts (partner). with the property) is evident at the Table of Table of Arrangements and compliance with the State Regulations of the Arrangement, the transformation of the state-owned enterprise.
The case of debt and assets without sufficient records, no longer available, DATC has a notification text that sends the owner of the owner and the business to know the reason not to take on the business to continue tracking or handling the existing regulations on arrangements, shifting ownership. It ' s a state-owned enterprise.
2. Operate reception to handle debt and property under the designation of the competent grant.
For the debt and subsequent assets under the designation, DATC, the owner of the owner of the business and the business that performs the table, take on, process the debt, assets as for debt, property exclusion from the value of arranged business, the acquisition of ownership, make sure to be consistent with the direction of the Prime Minister's directive. The case was difficult, entanged, the DATC reported the Ministry of Finance to review, settle under the jurisdiction or report the Prime Minister to decide.
What? 12. Purchase of debt and property
1. DATC is purchased on debts, assets that creditors, assets that have the need to sell (including property rights to land use, land property used to secure debts, foreign debt, paychecks, bonds, including to a vote, bonds issued by the government). It's DATC.
2. Form of debt and property:
a) Agreement directly with the creditors, the property owner.
b) Join the bidding, auction of debt and property.
c) The implementation of the Government ' s designation, the Prime Minister.
3. Principles in Debt Purchase and Asset Operations:
a) For debt-buying activity, property for business:
-The debt-buying method, which assets must guarantee economic efficiency, has the ability to recover, secure, and develop capital. The debt purchase price, the assets determined by the DATC on the principle guarantee the ability to produce the debt of debt, property.
-Debt and assets have enough legal records to prove credentialism, property rights holders.
-The purchase of the debt, the property only does when there is a licensed methodology approved and must ensure the correct implementation of the law and the process issued by the DATC membership Board.
-The purchase of debt, property can be made for each debt, property, or group of debt, different assets of the same owner, the asset owner, or of many creditors, the property owner.
-The person who decides to purchase debt, property and persons who are directly involved in the construction and implementation of the project must be held accountable for the effectiveness of the debt purchase method, the assets have been approved.
b) For debt-buying activity, property pursuits:
The DATC is responsible for the construction of the debt-buying method, the property by regulation at this Charter and ensuring that it is consistent with the direction of the government's direction, the Prime Minister. DATC uses a state-funded capital or government source under the Government's decision, the Prime Minister to implement the method of purchasing debt, the property under the designation.
What? 13. Debt processing operation purchased, reception
1. Debt processing forms:
a) Direct debt repayment from the client;
b) The asset processing is guaranteed to collect debt;
c) Sell the debt to the organization, the other individual (not including the creditless);
d) To collect debt by property;
) Receiving the obligation to repay debt from a client to third party;
e) Trust the debt collection or debt recovery through the organization that provides legal liability debt in Vietnam;
g) To transfer debt into capital business;
h) Set up the Court to claim debt;
i) Other forms are consistent with the rule of law and the decision of the competent organ.
2. During the processing of debt, depending on the case, DATC is reviewed, processed in accordance with the following forms;
a) Khohe owes, dilation of debt (debt extension) in line with the ability to repay the debt of the creditator on the basis of specific conditions on the collection of debt and the ability to monitor DATC ' s business operations on the debt client business, ensuring effective payment of the debt;
b) Clear the interest of interest after the client has reimbursable enough of the original debt in the 12-month term since the date of the debt paid and guaranteed to be effective.
In the event that the business client owes a loss to the loss and has repaid the debt according to a six-month deadline, the DATC is cleared of a portion of the original debt to the business but must ensure the economic efficiency of DATC under the approved method of approval. Browse the original debt in this case does not exceed the number of corporate ramparts and does not exceed the difference between the book value of the debt and the capital purchase price to the time of the debt deletion;
c) Which regulates the interest rate of the debt in line with the ability to repay the debt of the creditless and market conditions, but is no less than the 12-month term deposit rate of four major commercial banks (Vietcombank, Vietinbank, Agribank, BIDV) at the same time consider the interest rate adjustment. The deposit rate of a 12-month term of each bank is a 12-month deposit rate due to that bank announced on its Website;
d) Agreement with the creditors to collect debt by property. The value of the debt recovery asset must be valued through the organization that has a price appraisal function and is monitored as a pending asset. The accounting of this property is in accordance with the regulation at the DATC ' s Financial Regulation and is consistent with the rule of law;
The deal with the creditors and the third party to make a transfer of the obligation to pay debt from the client to third party on the principle of consensus between the three parties and must ensure a more favorable for DATC in the recall of the debt, in which debt value is paid. Undefined transfer is DATC revenue;
e) The transfer of the debt into a capital is to be the owner of the united debt client business and to implement the regulation at Article 15 of this Charter. The value of the debt transfer into the fund of the creditator is determined to be the investment of DATC and the implementation under regulation at DATC Financial Regulation;
g) Sell the debt in the form of a direct agreement with the buyer when responding to one of the following cases:
-After having sold the debt according to the public auction, it's not.
-Before DATC signed the debt purchase contract already had customers pledged to buy back a portion or all of that debt, while simultaneously responding to DATC ' s terms of price, payment and deposit, the ability to participate in corporate restructuring or to support the stable business. after reconfiguring.
3. For the receiving debt, purchase by default, the handling of the debt must follow the correct method of purchase, sale, disposal of the debt that is only granted authorit-granted jurisdiction.
What? 14. Asset processing activity purchased, reception
1. Property processing forms:
a) Sell the property;
b) Use assets to share equity, joint venture, link;
c) To rent property or swaps, use into business;
d) Protect, repair, upgrade, improve assets for sale, lease, capital, or use into business.
2. Asset processing principle:
a) The valuation of assets to determine the starting price upon sale or negotiation of equity, joint venture, link, exchange of assets made in accordance with the rule of law for the state-held business of 100%;
b) The sale of the property by means of a direct agreement only made after the sale of public prices but failed. The organization of the sale of public auction must follow the rules of the law;
c) The processing of the asset reception, purchasing by the designation must follow the correct method of purchase, sell, dispose of the assets designated as approved authority.
What? 15. Debt handling activity tied to the restructuring of the customer business
1. The transfer of the debt into capital contributes to the restructuring of the debt client must be on the basis of the approved restructuring of the authority, following the principle of agreement between DATC with the business owner, facilitator execution of restructuring, management and management. He ' s going to be able to monitor the business and the capital when needed.
2. DATC performs a reduction in part of the obligation to repay the debt to the client in the process of implementing the restructuring and conversion method in principle:
a) For the state business that performs restructuring and ownership conversion:
-The reduction in the obligation to repay the debt must be tied to the restructuring and transfer of ownership in accordance with the regulation of the state-owned business ownership conversion.
-The decrease in the obligation to pay the maximum debt equal to the amount of equity in equity according to the results determined that the approved restructured business value is granted by the approval of the deduction section minus the payment obligations of other creditors (if any) and does not exceed the difference between the value of the debt book and the value of the debt purchased at the time of the decision to reduce the debt obligations.
-From the point of determining the business value to the time officially turned into the Equity Corporation, if the restructuring business has a loss-to-hole, the owner of the business direction restructure business makes clear the cause, the responsibility of the collective, the individual can. In order to have remedied treatment, compensated compensation, the number of holes remaining is considered by DATC and its creditors to restructure, the implementation of the reduction in part of the obligation to repay the debt if the source of the difference is due to regulation.
b) The reduction of the obligation to pay the debt to other businesses other than the specified object at a point a 2 This must be tied to a transfer of debt into a given competent DATC jurisdiction. The maximum decrease in the maximum amount of negative equity on the nearest financial report by the creditor business has been audits by the independent audit organization and does not exceed the difference between the amount of debt book value purchased and the debt capital purchase price to the time. The decision point is to reduce the liability.
c) The reduction of the obligation to repay the debt to the creditors does not alter the organization ' s responsibility, the individual has caused previous financial losses.
d) Alone for the customer business due to DATC restructuring and owning over 50% of the charter capital, if the creditor business has made payments to DATC enough to offset the costs of the debt purchase in the 12-month term from the date of commitment, DATC considers continuing to decline. Except the obligation to pay the debt to compensate for the breach, if you have the source of the difference to handle it.
There is a plan to regenerate capital investment after converting the debt into capital for a maximum period of less than 05 years since the date DATC officially became a shareholder in the restructuring business.
3. End of the debt restructuring process, the DATC has the responsibility to ask the customer business to confirm the number of transfers and the organization of the debt revoked by the correct method has been committed by the parties.
What? 16. Operate consulting on debt handling, property, and other related service activities.
DATC performs debt handling and property services and other related service activities under the law.
What? 17. Investment Operations
1. DATC performs direct and indirect investment activities under the rule of law on the state-held business that holds 100% of the charter capital and Charter on the principle of efficiency, conservation and development of state capital.
2. Form of investment:
a) Construction investment, asset procurement; investment to exploit asset-based property, asset assurance assets, asset-to-debt assets.
b) Direct equity, joint venture, non-passing through debt purchase activity.
c) Buy stocks, bonds, coupons, including bonds buyout, paychecks issued by DATC.
d) Transfer of debt, assets into other business.
Other investments follow the provisions of the law after a written consent of the Ministry of Finance.
3. DATC is actively decided to buy, sell stock, swap bonds, share rights in businesses where the Company has a stake or have a restructuring plan to facilitate the restructuring of the customer business and handle the investments in the stock market, the company said. debt, assets purchased, received.
4. Investment activities that are not operating outside of the industry at DATC include:
a) Investment operations purchasing stocks, convertiable bonds, purchasing rights are divided according to the number of DATC shares held in stock companies led by DATC to ensure the equity rate held at the business;
b) Investment activities arise from debt-buying activity such as equity, joint venture, debt-related, asset-to-equity, and investment to exploit asset-based assets, assets assurance assets, asset-to-debt assets.
5. DATC ' s capital degeneration at restructuring businesses (including the sale of a portion of the shares, the entire batch of shares attached to the debt; subdue under the denominator, under the book value) DATC is selected to hire intermediate financial organization (stock companies) to sell the auction. price or self-organization semi-auction or auction sale through the Securities Exchange under the existing law of the current law to the state-owned business 100% of the charter capital.
DATC RIGHTS AND OBLIGATIONS
DATC performs the rights of the business under the provisions of the Enterprise Law and the following regulations:
1. The power to organize the machine:
a) Organization of the Ministry of Management, Business in accordance with the objective, the State of the State of the Republic.
b) The establishment of the Branch, Centre, Representative Office, independent accounting unit, subordinate, the Company's professional departments in accordance with the requirements of the business and regulation of the law after the approval of the Ministry of Finance's approval.
c) Elector, rent, layout, use, training, reward, discipline to the worker, selection of paid forms, rewards, decision-level decisions according to the operational efficiency and other rights of employers under the regulation of the Labor Code and other rules of law.
d) Voters of the Company ' s cadres abroad work, study, survey under the rule of law.
2. Rights of the business organization:
a) Business in accordance with the business of business registration and the State of the State assignment; expanding the business scale in accordance with the ability and tasks of each approved business development strategy in accordance with the regulation of the law. the law.
b) Use of the Company ' s capital and legal funds to business in the principle of effective, conservation and capital development; use of its capital to purchase debt, property for business purposes (including the release of the bond of debt to purchase a certain debt). It ' s a big, valuable asset.
c) Apply capital mobiles to expand business under the rule of law.
d) The implementation of the purchase, sale of debt, assets under the government ' s designation, the Prime Minister, DATC implemented the approved method of approval and must hold its own track to determine the outcome of the task.
Use of profits to extract development investment funds and other funds after having completed obligations to the State under the provisions of the legislation and the Company's Financial Statuses approved by the Ministry of Finance.
e) To exploit information, relevant data to perform tasks delivered and responsible for management, use of data, information as defined by law.
g) requires state enterprises to have arranged, transfer ownership of the subject of debt transfer and property transfer unless determining the value of the business to execute the debt and property table with the relevant documents when the exchange of debt, property.
h) Participate with organizations, businesses in the construction and implementation of the rehabilitation restructuring method for the customer business.
i) Use a third-party service to refer to, evaluate in purchasing activity, take on, handle debt and property and other activities.
l) Studies to apply or propose to the state agency with the authority to amend, enact mechanisms and policies relating to the purchase, disposal of debt and property and other areas of activity concerned, in accordance with the rule of law.
l) Cooperation with domestic and international organizations in the area of purchase, debt processing, property, and other areas related by law.
m) implementing regulatory rights in the Law of Enterprise, Law of Management, use of state capital invested in manufacturing, business at the business, and other laws of law.
DATC is responsible for fully implementing the obligations of the business under the provisions of the Enterprise Law and the following obligations:
1. Recognition and use of capital, land, and other resources are delivered by the State to business and carry out the mandate by the State to the principle of effective, conservation, state capital development.
2. Make the obligation to pay taxes and the receivship must submit to the state budget as defined by the law.
3. Make obligations to workers under the provisions of the Labor Code and other provisions of the law.
4. Do the accounting regime, audit and financial statements, statistical reporting, statutory reporting by law and at the request of the owner; be responsible for the authenticity of the reports.
5. The organization manages, controls, runs in order to effectively use capital, resources assigned by the State and other resources in the company's operations.
6. announced, publicly reporting annual financial statements, other information about the Company ' s activities under the State Regulation.
7. Provide customers with information relating to purchasing activity, selling debts, assets made by the Company at the request of the customer and in accordance with the Company's business secrecy rules.
8. Under the supervision of the State in the implementation of the scale of the ladder, payroll; the pay price, the pay regime for the worker, the President and the Member Council members, the Director General, the Deputy Director General, the Chief Accounting Officer and others. other management staff;
9. endure the oversight of the owner and the owner of the owner; comply with the regulations on the inspection, examination of the financial authorities and of the state agencies of authority under the rule of law.
10. Make other obligations under the rule of law and be delivered by the State.
RIGHTS, RESPONSIBILITY AND OBLIGATIONS OF STATE OWNERS TO THE DATC.
What? 20. The organization performs the rights and responsibilities of the state owner for DATC.
The right, the responsibility of the owner of the State to the DATC, is in accordance with the provisions of Article 75 Enterprise Law, relevant instruction text, and some of the following specific content:
1. Prime Minister:
a) Appropriation of the establishment, reorganization, acquisition of ownership, dissolution and bankruptcy of DATC at the suggestion of the Ministry of Finance.
b) The approval of the establishment, reorganization, dissolution of the Company subsidiary 100% of the capital of DATC at the suggestion of the Ministry of Finance.
c) The decision to adjust the regulatory capital in the course of the DATC activity under the rule of law.
d) Strategic approval, development investment plan, a five-year business production plan;
You carry out other rights and responsibilities as defined by the law.
2. Ministry of Finance:
a) Decision reorganization, acquisition of ownership, dissolution, and request for bankruptcy of the DATC in accordance with the overall project of arrangement, innovation, state enterprise restructuring of the Ministry of Finance has been approved by the Prime Minister.
b) Appropriation of establishment, reorganization, branch dissolution, Centre, representative office, specialized departments and independent accounting units, dependencies of DATC.
c) The Executive Board, modification and addition of the DATC Charter.
d) Decision appointments, reappointments, dismissal, resignation, commendation, discipline, salaries, salaries, bonuses and other rights of the President and Member of the Council of Member, General Manager and Control of DATC under the rule of law.
) Approval of the category of Group A, B annual investment projects of DATC.
e) Approving the participation of the newly established business of DATC enterprise and the adoption of voluntary business participating as a subsidiary, DATC's affiliate company.
g) Appropriation of capital mobiles, investment projects, construction, purchasing, selling fixed assets, investment projects outside of business, project investment projects abroad under regulatory authority at Articles 23, 24, 28, and 29 of the Management Law, using state capital invested in the investment. manufacturing, business in business.
h) Decision the wage fund, the annual feud of the business manager and the administrator by the rule of law.
i) enacted the Financial Statuses of the DATC; approved to the Board of Assembly members to approve financial statements, distribute profits, to extract the annual funds of the DATC after the approval of the Board's appraisal.
n) Implemendation, inspection, inspection of management, use, conservation, and development of capital; strategic implementation, development investment plan; the implementation of the recruitment regime, wages, DATC bonuses. Assessment of the implementation of objectives, tasks, industry, business profession is delivered and operational results, the business production efficiency of DATC. Assessing the degree of completion of tasks in the management process, the management of the business manager, the statutory control of the law.
l) Perform other rights and responsibilities according to the regulation at this Charter and the relevant legislation.
3. The other ministries, the other sector exercise the rights, the responsibility of the state owner at the DATC according to the assignment, the hierarchy of the Government and the regulation of the law.
4. The DATC Member Council performs the rights, the responsibility stipulated at Article 24 of this Charter.
5. Administrator at DATC is appointed by the Ministry of Finance to implement the provisions of the Enterprise Law and the regulatory content at Article 35 of this Charter to control the organization's implementation of the rights of the state owner, the management of the investigation. The business at DATC of the Board of the Board and the General Manager.
What? 21. The organization performs the obligations of state owners to DATC.
The obligation of the State owner to the DATC is in accordance with the regulation at Article 76 Enterprise Law, relevant instruction text and some of the following specific content:
1. The organization, the individual who exercise the right, the responsibility of the state owner at DATC is obliged to comply with this Charter and must be held accountable to the law on the non-jurisdiction decisions.
2. The State Owner has obligations on other debts and assets within the charter capital range of DATC. Member Council, the Director General of the Company must manage and run the DATC that ensures the ability to pay the debts and obligations of other assets.
3. The Ministry of Finance oversees, checks, reviews the debts and other property obligations of DATC. The case found the Company had difficulty in payment of other debt and property obligations, the Ministry of Finance requested and directed the DATC to be subject to the remediation and reporting of the authority to review, the decision.
4. When DATC is in bankruptcy, the Ministry of Finance directed the Council of members, the Director General of the Company to implement the procedure for bankruptcy as prescribed by law on bankruptcy.
5. Organization, individuals who exercise the right, the responsibility of the State owner to the DATC have the obligation to execute the right authority, correct the law when approving investment, purchase, sale of assets, DATC loan contracts; supervising enforcement of decisions and criticism. My own.
Member Council, the General Manager of DATC must implement the investment project, buy, sell the assets, the Company ' s borrower contracts according to the policy of approval and regulation of the law.
6. Organization, individual exercise rights, the responsibility of the State owner to DATC is obligated to secure business rights under the Company ' s law; ensure that the Board of members, the Director General of the Company to manage management, run the effectiveness of the Company. according to the rules of the law and this Charter.
ORGANIZATION, COMPANY MANAGEMENT
What? 22. organizational model, Company management
1. DATC is organized under the Member Council model.
2. The Company ' s Department of Management, Control and Executive Order: Board of Membership, Board of Control, General Manager, Deputy Director General, Chief Accounting Officer and the Ministry of Controllers.
3. The management, control and operator of the business that has the contributions of DATC are made in accordance with the law and charter of that business.
Item 1
MEMBER COUNCIL
What? 23. The function and structure of the Member Council
1. Member Council is the direct state owner representative at DATC; in the name of the Company implementing the rights and obligations of the DATC under the powers and duties assigned, this Charter and the regulation of the relevant law. The Member Council is accountable to the owner of the state and before the law on all activities of the Company.
2. Members of the Council of members are composed of the President and other members appointed by the Ministry of Finance, reappointment, dismissal, dismissal, and discipline.
3. The term of membership of the Member Council is no more than 05 years and can be reappointed to the number of members of the DATC membership Board of no more than 05 persons.
What? 24. The powers and responsibilities of the Council of members
1. Recommend the Ministry of Finance for a competent authorship to decide to reorganize, transfer ownership, dissolution, and bankruptcy DATC.
2. Decision and organizational implementation of the strategy, business production plan and the 5-year development investment plan of the DATC after the offer and approved by the Prime Minister.
3. Decide a plan to produce business and plan DATC ' s annual development investment plan and send it back to the Ministry of Finance to aggregate oversight.
4. Offer the Ministry of Finance to appoint, reappoint, resign, resign, sign contracts, end contracts, commendation, discipline to the President and Member Council Member, General Manager of DATC.
5. Decision appointment, reappointment, dismissal, resignation, contract signing, contract termination, reward, discipline for Deputy Director General and Chief Accounting at the recommendation of the General Manager.
Through the personnel method for the Director General to decide the appointment, reappointment, dismissal, resignation, contracting, termination of contract, commendation, discipline to Branch Director, Director of Central, Head Office, Chief Office, Chief of Staff, Chief Minister Ban and other equivalent titles at DATC.
6. The decision to contribute to the establishment of a new business and the adoption of voluntary business participating as a subsidiary, DATC ' s affiliate company after the offer and was approved by the Treasury Department.
7. Send, delegated the mandate to the representative portion of DATC ' s contribution to other businesses at the recommendation of the General Manager; for a written opinion or authorization for the General Director for the Office of the Written opinion so that the representative portion of DATC contributed to the expression. The rules on the rules of the law and the rules of the business have a contribution.
8. Decision of capital mobiles, investment projects, construction, purchasing, selling fixed assets, investment projects outside the business, valuing the debt valued (in accordance with debt prices) above 50% of the ownership equity reported on the quarter financial statements or financial statements. The year at the very closest point to the time of the project's decision but not to the extent of the Group B project under the provisions of the Public Investment Act after the offer and approved by the Treasury Department or the grant-approved authorship report.
9. The decision or authorization of the General Manager to decide the capital mobiles, investment project, construction, purchase, fixed asset sale, the investment project outside the business, the valuing of valuing debt (calculation of debt purchase) no more than 50% equity is logged. on the quarterly financial statements or financial statements of the year at the closest time to the time of the project decision, but not too much of a Group B project under the provisions of the Public Investment Law.
10. Decision established, reorganization, branch dissolution, Centre, representative office, independent departments and independent accounting units, dependencies of the DATC after offering and approved by the Treasury Department.
11. The decision to establish, reorganized, dissolved the 100% subsidiary which was invested by DATC after the offer and was approved by the Prime Minister.
12. Offer the Finance Ministry to enact the DATC ' s Financial Regulation.
13. Board of internal rules of DATC. Approve the financial reporting, distribution of profits, which extract the annual funds of DATC after having the appraisal of the Controller and approved by the Treasury Department.
14. A salary decision on the titles appointed by the Council of members by law.
15. Decision of the DATC market, marketing and technology development solutions.
16. Decision on the following issues for the LLC a member held by DATC holds 100% of the charter capital:
a) The decision to establish after the proposal and was approved by the Prime Minister.
b) Approvables, modifications, and provisions.
c) Decision capital decisions, objectives, tasks and business professions upon establishment, regulatory capital adjustments in the process of operations, reorganization, acquisition of ownership, dissolution, request for bankruptcy of the Company.
d) The Company ' s Financial Statuation Board.
The decision to appoint, reappoint, dismissal, dismissal, discipline, discipline, and salary to the President and Member of the Board Member or the President of the Company, Director General (Director), Controller.
e) Appropriing strategies, business production plans, and a 5-year development investment plan.
g) Appropriation of capital mobilism, investment project (project group A, B must be on the basis of a portfolio approved by the Ministry of Finance), purchase, sale of fixed assets and other contracts under the decision authority of the company owner.
h) Approving financial statements, distribution of profits, extracts the Company ' s annual funds;
17. Appropriation of organizational and operational charter, the Operations Regulation of the Branch and Subordinate Accounting Unit of DATC.
18. Decide the organizational structure, labor plan and annual wages, the management of the DATC ' s management machine in accordance with the rule of law.
19. Check, oversee the General Manager; President and Member Council members, Control the LLC a member is owned by DATC; the staff of the control board and the representative portion of DATC ' s contribution to the business, the company said. other in the execution of the function, the task is delivered.
20. In charge of the management and operator of the Company compliance with the provisions of the law and the decisions of the owners; management, use, conservation and development of capital are effective; report timely ownership of the business of operating losses, not the most important. ensuring the ability to pay, not to complete a target, a mission owned by the owner or other cases of misconduct.
21. The member council is accountable to the law on violations of capital damage, the property of DATC.
22. The decision to apply the formal debt processing forms at Article 13 of this Charter.
23. Make devolve to the General Director to decide on the relevant issues of jurisdiction under the rule of law.
24. Other rights and responsibilities according to the assignment of the owner and rule of the law.
What? 25. Standards and conditions of Member Council Member
The standard and conditions for the Council of members of the DATC are implemented by regulation at Article 92 Enterprise Law and the following regulations:
1. Is a Vietnamese citizen and resident in Vietnam.
2. Graduate graduate, business capacity and business management.
3. There is health, good ethical qualities, honesty, integrity, understanding of law and having the sense of accepting the law.
What? 26. As long as the membership council membership
The dismissal of the membership of the DATC member Council is provided by the provisions of Article 93 of the Enterprise Law.
What? 27. The duties and powers of the President of the Council
1. Chairperson of the Member Council appointed by the Ministry of Finance. The Chairman of the DATC member Council is not as well known as the General Manager of DATC and other businesses.
2. The Chairperson of the Member Council has the right and obligations under the provisions at paragraph 2 Article 94 Enterprise Law and the following regulations:
a) On behalf of the Council of members to sign the decisions of the Member Council;
b) On behalf of the Board of Contracting capital, land, resources and other resources due to the owner of the investment or delivery of DATC; management of the Company under the resolution, the decision of the Council Member;
c) The organization of research and drafting of development strategies, mid-term, long-term planning, important investment projects of DATC; organizational innovation, key personnel of DATC to program Member Council;
d) The construction organization, which oversees the implementation of the Financial Management Regulation, the Management of Human Administration of the Capital of DATC at other business and other internal management processes of DATC;
Assignments for Member Council members in accordance with the functions, duties, powers of the Council of Member Regulations at this Charter and the relevant law;
e) Other rights and duties according to the regulation of the law and the assignment of the owner of the Company.
3. The case of absence of the Chairperson of the Board of Commissioners by text to a member who performs the rights and duties of the President of the Member Council.
4. The case with no authorized member or Member of the Council of members cannot exercise its rights and duties for an unimpede reason the members of the Treasury petit appointed one of the remaining members of the Council. Interim Council of the Council of the Council of the Council of the Council.
5. The president of the Member Council is responsible for the accountability and is responsible to the Company owner of delays or does not sign the decisions of the Member Council.
6. In addition to the stipulation cases at Article 26 of this Charter, the President of the Board of the Member Council may be dismissed, dismissed if it does not perform the prescribed duties at paragraph 2 This Article.
What? 28. The mission and the powers of other member Council members
Member Council membership has the right and obligations under the regulation at Article 95 Enterprise Law and the following regulations:
1. Participate in the activities according to the program, the Member Council ' s plan.
2. Do the tasks that are assigned by the Chairman of the Board to the Chairperson in accordance with the functions, duties, the powers of the Member Council specified at this Charter and the law is relevant.
3. Do other tasks according to the appointment decision, This Article and the law are relevant.
What? 29. The duties of the President and other member Council members
1. Compact with the law, the Company Charter, the decision of the owner of the Company in the implementation of the rights and tasks assigned.
2. Perform the rights and tasks that are committed to being honest, carefully, best to secure the maximum legal benefits of the Company and the owner of the Company.
3. Loyalty to the interests of the Company and the Company owner. No use of information, tips, business opportunities, status, office and property of the Company to benefit or serve for the interests of the organization, the other individual.
4. Members of the Member Council are not personally assigned to form private enterprise, LLC, the holding company; do not hold management titles, run private enterprise, Limited liability company, Stock Company, and Corporate Counsel, LLC. Part, except for the case of being sent as a direct representative of DATC ' s capital investment in another business; there ' s no economic contract with private businesses, LLC, the holding company owned by the wife or husband, father, mother, son, You, sister, are the owner or the manager, running in that organization.
5. Wife, husband, father, foster father, birth mother, mother, mother, child, child, brother, sister, brother-in-law, brother-in-law, brother-in-law, sister-in-law, sister-in-law, sister-in-law, sister-in-law. DATC.
6. Members of the Member Council must be held accountable to the Minister of Finance and the law on the resolutions, the decision of the Council of Members, the results and effectiveness of the DATC operation; the case does not complete the assignment, the breach. The Company's charter, the decision to pass the authority, abuses the authorities for damages to the DATC and the State, which is responsible and compensated for the damages caused by the law.
Member Council members who have a protonated opinion (not endorsed with the resolution, the decision of the Council of the Member) shall not be held accountable if the losses occur upon the implementation of the resolution, the decision of the Council of members.
7. Accept of the resolutions, the decision of the Member Council.
8. Take personal responsibility when the name of DATC performs the following acts:
a) breach of law;
b) conduct business or other transaction not to serve the benefits of DATC and cause damage to others;
c) Payment of undue debt to the financial risk of DATC.
9. Do other obligations under the rule of law on the LLC a member owned by the State.
What? 30. The work mode, condition and format proceed to the Member Council meeting.
1. Board members work in collective mode to review and decide on matters of duty, their powers. For issues that do not require discussion, the Council of Member can take the opinion of the members in writing.
A member council may meet irregularly to address pressing matters at the request of the Company's owner or at the recommendation of the President of the Member Council, or more than 50% of all Member Council members, or General Manager.
2. The President of the Member Council or member is authorized by the President of the Board of Commissioners responsible for preparing or organizing the preparation of the program, document content, convening and presiding over the Member Council meeting. Members of the Member Council have the right to petition in writing about the meeting program. For periodic and planned meetings, content and meeting documents must be sent to member Council members and invited delegates (if any) prior to the date of at least 03 working days. The document used in the meeting involved the petition of the Revised Company, the addition of the Company Charter, through the direction of the Company development, through the annual financial report, reorganization or dissolution of the Company must be sent to the Company. the slog members of the five days before the meeting.
3. Invitations to a meeting may be by invitation or electronic tools, other media (if available) and are sent directly to each member of the Member Council and other delegates (if any). The announcement content must specify the time, location, and meeting program. The form of online meeting can be applied when needed.
4. Meeting members of the Member Council valid when at least two-thirds of the total member Council members attend. The resolution, the decision of the Member Council is in effect when more than half of the members attend the consent vote; the case with equal number of votes is on the votes of the President of the Member Council or who is mandated by the Chairman of the Council. The presiding over the meeting is the decision. Member Council members have the right to secure their opinions and be entitled to petition to the owner of the Company.
5. The case for the opinion of members of the Member Council is by text, the decision of the Council of members is adopted when more than half of the total number of members approved.
6. Based on the content and meeting program, when the review is needed, the Member Council has the right to or is responsible for inviting the competent representative of the agencies, the relevant organization to attend and discuss specific issues in the meeting program. Representatives of the agencies, the organization invited to the meeting have the right to give a speech, but not a vote. The speech comments (if any) of the representative are invited to be fully scored on the border of the meeting.
7. Content of discussion issues, speech comments, voting results, decisions made by Member Council and the conclusion of the Council of Member meetings must be written. The presiding officer and secretary of the meeting must be held accountable for the accuracy and integrity of the Member Council meeting. The membership of the Council of Counces must be done and passed before the end of the meeting. The editorial content must have the following principal contents:
a) Time, location, purpose, meeting program; list of members of the session; the issue is discussed and voting; summarism of the member's speech on each issue of discussion;
b) The vote count espers and does not endorse (for the case of not applying the white ballot method) or the vote vote esprave, does not endorse and no opinion (for the case of the applicable white voting method);
c) The decisions are adopted; they, the names, the signatures of the members of the session.
8. Members of the Member Council have the right to ask General Manager (Director), Deputy Director General (Deputy Director), Chief Accounting Officer and Management Officer, which runs in DATC, the DATC subsidiary holds 100% of the charter capital, who represents DATC ' s contribution to the board. Other businesses provide information, documentation of the financial situation, the operation of the unit according to the Information Regulation provided by the Member Council or by the resolution of the Council of members. The person who is required to provide information must provide timely, complete and accurate information, documents at the request of the Member Council, except for the case of another decision-making member Council.
9. The member council uses the operating apparatus and the help department (if any) and the Company ' s seal to carry out its mission.
10. The operating costs of the Council of the Member, including the salaries, other women ' s salaries, and foes, are charged at the cost of enterprise management of DATC.
11. In case of need, the Board of Member is entitled to organize the opinion of consulting professionals in and out of the country before deciding on key issues under the jurisdiction of the Board of members. The cost of consulting professional advice is regulated at the Financial Regulatory Regulation of DATC.
12. Resolve, the decision of the Council of Members in accordance with the correct jurisdiction at this Charter has a legal value since the date passed, except for the cases that must be approved by the Company.
Item 2
DIRECTOR GENERAL AND COMPANY
1. The Director General is a representative under the law of the Company, who runs the day-to-day operations of the DATC under the objectives, plans and the Resolution, the Member Council ' s Decision to conform to the Charter of the Company.
2. General Manager appointed by the Minister of Finance, reappointment, dismissal, replacement, contract signing, contract termination, commendation, discipline on the recommendation of the Member Council.
3. The general manager may be a member of the Member Council; Chairman of the Board of Non-Member and General Manager.
4. The General Manager must meet the regulatory standards and conditions at Article 100 of the Enterprise Law, the law on the LLC a member owned by the State as the owner and other standards according to the industry, the main business sector of the Company. DATC (if any).
5. The Director General has the rights and obligations under the regulation at paragraph 2 Article 99 Enterprise Law and the following specific regulations:
a) The organization performs the resolutions, the decision of the Member Council;
b) The use of effectiveness, conservation and development of capital according to the method was approved by the Council of Member;
c) The investment method, the purchasing, the sale, the debt, the property, the economic contracts, the capital mobiles, the repayment of the debt limit, adjusted the debt rate, the debt-clearing, the debt loss, the investment projects, capital projects, capital gains, sales, sales, The asset liquors of DATC under the hierarchy, the Commissioner of the Member Council;
Construction, which reports the Member Council to decide or let the Council of the Member Board have the authority to approve internal rules, the purchasing method, the sale of debt and existing assets, the restructuring of debt repayment, capital loan contracts, adjusting the rate of interest rates. debt, debt deprivation, loss of debt obligations, investment projects, capital contributions, purchasing methods, sales, leasing, asset liquefactors beyond jurisdiction. The organization performs the approved methodology, which is responsible to the Member Council and granted authority on the results of the execution;
d) Build, decision-to-board committee by authority or council member council to decide on the development strategy, long-term and annual plans of the Company, the investment project, the DATC management organization project, the labor training planning, and the project. The measure of the contract was signed. The organization performs strategy, plans, methods, projects and measures that have been approved;
The organization operates all activities of the DATC; the implementation of the Resolve Resolve Resolve, Decision of the Member Council and of the state governing bodies with authority on DATC ' s business activities and the implementation of the regulatory regime by regulation; implementation of the operation. The financial justice system of the DATC pursuits to the rule of law; the Council of Membership of the distribution, the use of post-tax profits of the Company;
e) Proposition the Council of members to decide the appointment, dismissal, salary and other benefits, commendation, discipline to the Deputy Director General, Chief Accounting DATC.
The report to the Council of members through the personnel method before the decision to appoint, dismissal, resignation, contract sign, termination of contract, commendation, discipline to Branch Director, Director of Central, Head Office of Representative Office, Chief Justice In case, the Chief and the other equivalent titles at DATC.
The decision to appoint, dismissal, resign, contract, end the contract, commend, discipline to the titles: Deputy Head, Deputy Director, Deputy Office, Head of the Department, Deputy Head of Room and equivalent titles at the Board of Experts, details. the branch, center, representative office, the unit of the accounting unit depends on the right principle and the process of appointing cadres;
g) The Member Council passed or the grant report authoritfully to the opinion before the decision to project the DATC management organization, including the adjustment method when changing the management of DATC and the Branch, Centre, Representative Office, and others. The accounting unit depends.
h) responsible for the business outcome of the Company; in charge of the Minister of Finance, Council of Membership and before the law on the duty of duty under the scope of the tasks assigned;
i) The director of the machine helps the full supply of documents at the request of the Member Council and the Controller; prepare documentation for the meetings of the Member Council;
l) subject to the examination, oversight of the Council of members, the Control of the Vienna, the State governing bodies have jurisdiction over the implementation of the provisions of this law and this Charter;
l) Is determined to apply the measures beyond jurisdiction in the event of an emergency (natural disasters, plague, fire, incident) and is responsible for those decisions; at the same time to report right to the Council of members and state agencies with the authority. the right to resolve;
m) recommended that the Member Council decide to nominate the representative portion of DATC's contribution to other businesses (including those involved in the other business);
n) The annual financial decision report to the Board of members;
o) Compliance of the law, the Rules, the resolution, the decision of the Council of members in the implementation of the rights and duties assigned;
p) Perform the rights and tasks assigned to be honest, carefully, best to secure the maximum legal benefits of DATC and the owner of the Company;
q) Loyalty to the interests of DATC and Company owners. No use of information, tips, business opportunities, office status and property of the Company to benefit or serve for the interests of the organization, the other individual; and the company.
s) personally responsible for the name of the Company to perform acts of violation of the law; conduct business or other transactions not to serve the interests of the Company and to damage others; payment of undue debts to the loss of the loss. financial safety for the Company;
t) Perform the rights, other obligations under the provisions of the Enterprise Law and the law on the LLC a member owned by the State.
6. The Ministry of Finance considers, the dismissal decision, the way the General Director General DATC pursues the Member Council ' s recommendation in the stipulated cases at Article 101 Enterprise Law and the following cases:
a) A violation of the law to the point of being prosecuted or the loss of the power of civil conduct or limited to the power of civil conduct;
b) The decision to exceed the jurisdiction leads to serious consequences for DATC;
c) There is a decision to move, retire or otherwise be deployed;
d) Not to be honest in the execution of powers or abuse of status, powers to gain for themselves or for others;
No resolution, the decision of the Council of members without being able to deliver the correct cause or not being approved by the Ministry of Finance after the report;
e) Other cases by regulation at the decision to appoint or contract the General Manager (if any), the law on the LLC a member is owned by the State as the relevant owner and law.
What? 32. Relations between the Member Council and General Manager in Management, Executive DATC.
1. When the organization makes resolutions, the decision of the Council of the Members if the issue of the issue is not conducable to the DATC, the Director-General is reporting to the Council of Members to review the correction of the Resolution, the Decision. When the Council of Member States did not revise the resolution, it was decided that the Director General could report the owner of the Company, but still had to implement the resolution, the Council of the Member Council's decision.
2. The General Manager and sent a written report on the situation of monthly business activity, the quarter, the year and the direction of implementation in DATC ' s arrival to the Board of Directors; it is responsible for reporting a groundbreaking report on governance issues, management and management issues. The executive order of the DATC at the request of the Council of members.
3. The Speaker of the Member Council has the right to attend or delegate the delegate to the meeting of the assembly meetings, the meeting preparer to the proposals for the council to be chaired by the Director General. The President of the Council of the Member or the authorized participant has the right to issue an opinion but does not have the right to conclude the meeting.
4. All decisions by the General Manager against the resolution, the Decision of the Council of Members or beyond the devolve jurisdiction by the Council of Members shall not take effect; at the same time the Director General is responsible for administrative and regulatory responsibility. of the law due to the non-implementation of the Resolution, the decision of the Council of Members and the decision to pass the jurisdiction.
5. The case of the General Manager is not a member of the Council of members, the General Manager is invited to participate in the Council of the Member Council and is entitled to comment, but there is no voting rights.
What? 33. Contract, deals with people with regard to
1. Member Council Member, General Manager of the Company:
a) Not to be married, husband, father, father, father, mother, mother, mother, son-in-law, son-in-law, son-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, sister-in-law, sister-in-law at DATC and at the branches, center of DATC;
b) The company owns the Company on economic contracts, the civilian population of DATC signed with his wife, husband, father, father, mother, mother, mother, son-in-law, son-in-law, son-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, sister-in-law Yes, General Manager. The case of a contract for the purpose of a contract that the contract has not yet been signed, has the right to request a member council member, the Director-General is not signed on. If the contract has been signed, it is deemed ineffector, member of the Council of members, the Director General must pay damages to the DATC and be dealt with by the rule of law.
2. Other cases carry out under Article 86 Enterprise Law and the decision of the Ministry of Finance (if any).
What? 34. Deputy Director General, Chief Accounting Officer and Machine
1. Deputy Director General to help Chief Executive Officer DATC according to the Director General ' s assignment and authorization; to be held accountable to the General Manager and before the law on the mandate to be assigned and authorized.
The Council of members decides to appoint, reappoint, exempt, resign, sign contracts, end the contract, commend, discipline the Deputy Director on the recommendation of the Director General.
The number of Deputy Director-General is no more than 05. Member Council decides the structure, the number of Vice-General Manager on the scale and features of production, DATC's business in the course of operation. The special case required more than 05 Deputy Director General, the Board of Directors reported the Ministry of Finance to review, approved.
2. The chief accountant appointed by the Member Council, reappointment, dismissal, contracting, termination of contract, commendation, discipline at the recommendation of the General Manager; there are standards, duties, powers and obligations under the assignment and authorization of the General Manager. and in accordance with the provisions of the laws of accounting and the relevant legislation.
3. The deadline of appointment or signing with the Deputy General Manager, Chief Accounting decided by the Member Council, but no more than 5 (five) years. Deputy General Manager, Chief Accounting can be reappointed or signed.
4. The Ministry of Machine helps with the office, departments, boards, staff functions of staff, inspection, helping the Council of members, the General Manager, which runs the Company, implement the function, the mandate, the rights of the owners to the businesses. Another one.
Organizational structure and functions, tasks, the powers of the machine to help the Director-General decide after being approved by the Council of members.
1. The Treasury Department decided to establish a Control Board at DATC not over 03 Control. The Board of Control is no more than 3 years and is reappointed.
2. The Control Board is entitled and obligations under regulation at 2 Articles 102 and Article 104 Enterprise Law.
3. Standards, conditions; responsibility; the dismissal; the manner; the work regime of the Control and Control Board of the DATC performed by regulation at Article 103, Article 105, Article 106 and Article 107 Corporate Law and the provisions of the law are available. related to the state-owned business that holds 100% of the charter capital.
What? 36. DATC Financial Manager
1. DATC performs the financial management regime under the rule of law on the State-controlled enterprise of 100% of the regulatory capital and the Financial Code issued by the Ministry of Finance in accordance with this Charter and the operational feature of DATC.
2. DATC performs accounting mode, accounting reports, financial statements, regulatory statements at regulatory documents on accounting finance, related statistics to the State-held business that holds 100% of the chartered capital and Financial Staters due to the Government of the United States. The Ministry of Finance is in accordance with the operational characteristics of the DATC.
3. Continue operation, debt processing, asset-based asset exclusion from enterprise value and purchasing activity, sale, debt processing, asset-designated assets excluded when evaluating operational efficiency, rating the business of DATC.
4. For the restructuring business that has not completed the Financial Reporting at the time of the end of the fiscal year under the regulation, DATC is used in the financial Restructuring of the restructuring business at the latest time to make the basis of extracts the reserves. At the end of the fiscal year.
For debts that must be obtained from purchasing activity, sale, debt processing (including the designated debt debt), the Council of Member decides to take up the bill by regulation at the Issued Debt Management Statute in accordance with the DATC Financial Regulation.
5. The fiscal year of DATC started on 1 January and ended on 31 December the calendar year.
Section 3
WORKERS IN COMPANY MANAGEMENT
What? 37. The management of the worker ' s management
Workers participate in DATC management through the following forms and organizations:
1. The plenum meeting or the DATC Labor representative conference.
2. DATC Group Organization.
3. People's Department of Inspects.
4. Do the right to monitor, petition, complaint, denounce by the rule of law.
What? 38. Content in the management of the worker
1. The worker has the right to participate in the discussion, contributing comments and suggestions with the competent authority of the following matters:
a) Build and organize the implementation of the intranet, the DATC internal statute relates directly to the rights and obligations of the worker;
b) Content of the draft or draft amendment, the addition of the collective labor agreement before the signing;
c) The solutions that enhance labor productivity, quality of product, lower cost, raw materials savings, labor safety, labor hygiene, environmental protection, improved working conditions, arrangement of labor layout;
d) The reorganization method, the DATC conversion;
Participating in a vote of confidence in management titles, running DATC when required under the rule of law;
e) Other issues under the regulation of the law are relevant.
2. The worker collective in DATC has the right to participate in the monitoring:
a) The implementation of the Labour Conference resolution;
b) The implementation of the interdependence, regulation, statute, Charter of DATC; the implementation of the collective labor agreement; the implementation of the labour contract; the implementation of the regimes, the policy toward the worker;
c) The recording and use of the types of funds contributed by the worker;
d) The results of the results of the complaint, denouncing and the labor dispute; the results of the race, the annual commendation.
3. Every year the Company is responsible for presiding, in coordination with the Executive Board of the Workers 'Conference of the Workers' Conference to discuss the implementation of the production plan, the business that the Council of Member has adopted; evaluate the implementation of the agreement. Collective labor, the rules, the rules of the Company, and other matters concerning the legal rights and interests of the workers.
4. The relationship between the Company and the labourers performs in accordance with the laws of labor law. The Director General Planning to Council members through matters relating to recruitment, labor, salaries, social insurance, welfare, reward and discipline to the manager and worker in the Company as well as the relationship between the two and the U.S. and the United States. Company with the Company's Company organizations.
REORGANIZATION, TRANSFORMATION, DISSOLUTION, DATC BANKRUPTCY
1. The reorganization of the DATC was decided by the Minister of Finance to conform to the overall project of arrangement, innovation, restructuring of the state's state-owned enterprise that was approved by the Prime Minister.
2. The DATC reorganization case leads to a change in the legal form, industry, business, and charter, the Company must manually register for change or announce changes to the business regionship.
3. The procedure, the procedure that reorganizes DATC performs by the rule of law.
What? 40. Switch ownership DATC
The Minister of Finance decided to convert DATC to a two-member LLC or the Company under the provisions of the relevant legislation in accordance with the overall project of arrangement, innovation, restructuring of the state enterprise, and the government. The Treasury Department was approved by the Prime Minister.
What? 41. dissolved, DATC bankruptcy
1. The dissolution of the DATC by the Minister of Finance is determined by the rule of law.
2. The bankruptcy settlement on DATC is carried out by the regulation of the bankruptcy law.
Chapter VII
REPORT MODE, PUBLIC INFORMATION
What? 42. Report and Information
1. The Director General is responsible for sending the Council of members of the following documents by the quarterly periodic:
a) Report on the Company ' s business situation;
b) Financial reports;
c) The report assessment of the management work, which runs the Company and other reports by regulation.
2. Members of the Member Council have the right to ask the Director General, the management cadres of the DATC provide all records, documents related to the organization that perform the function, the mandate of the Board of Members, the Chairman of the Board of Members.
3. The Director General is responsible for organizing the retention and security of the profile, the Company ' s document.
What? 43. Report and information to the Owner
1. The Council of the Member of the Board and the owner of the Company of the following documents:
a) Report on the business and financial situation of the Company;
b) Report on the situation of implementation of the function, the mandate of the Member Council; of each Member Council on the results of the implementation of authorized tasks or in writing at the appointed decision (if any);
c) Other documents by the regulation of this Article and of the law on the information regime, the Company ' s report of the LLC a member is owned by the State.
2. Controller of the Company owns the Company:
a) Report the results of the legal, honest, cautious, of the Member Council, the Director General in the organization that exercise the ownership of the owner, in the management of the Company ' s business affairs;
b) The results of the results of the financial reporting appraisal, business situation report;
c) Report assessment of management work and other documents by the regulation of this Charter and the law on the reporting regime, the information of the LLC a member is owned by the State.
3. The periodic reports are set up and the quarterly menu. The breakout report is set up and sent at the request of the owner of the Company in each case.
1. DATC must implement periodic information and information information in accordance with regulation at Article 108 and Article 109 Enterprise Law, Article 61 The Management Law using state capital invested in the production of business at the business and manual text.
2. The DATC 's legal representative decides and is responsible for the public' s public outlaw of information outside of the Company. The filing department, the Company's documents are provided only outside by the decision of the representative under the law of the Company or who is represented by the law firm of the authorized company.
3. Performance, content, and place to submit information in accordance with relevant law regulations.
4. The case with a request for inspection, examination of the competent state governing bodies, the Company ' s legal representative is the person responsible for the organization providing information in accordance with the law of the law on inspection, inspection.
MODIFY, ADD COMPANY CHARTER AND OTHER PROBLEMS
What? 45. Modified, Supplemated Company Charter
The Ministry of Finance decided to modify the DATC Charter. The Council of Ministers has the right to petition the Ministry of Finance amended, suppleming this Article.
What? 46. Company seal management
1. Board members decide through the official seal of the Company. The seal is inscribed on the rules of the law.
2. Board members, the General Manager of Management and Use of the seal by the rule of law.
What? 47. Internal dispute resolution
The settlement of internal disputes within the Company must first be done in accordance with the method of negotiation, reconciliation. In the event of a negotiated internal dispute, reconciliation does not result in any party having the right to bring disputes to the authorities.
Chapter IX
EXECUTION CLAUSE
The charter has been effective since 1 November 2015.
1. Head of the Corporate Finance Bureau, the Prime Minister of the relevant units, the Council of Member, General Manager DATC and the organizations, the personally involved responsible for adhering to the regulations at the Company ' s Charter.
2. Internal Regulation of DATC must comply with the principles, the contents of this Charter.
3. In the event that the provisions of the law are related to the operation of the DATC which is not specified at the Charter or in case there are new rules of law other than the provisions in the Charter, the provisions of that law. is applied to regulate the activity of DATC ./.
