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CONGRESS
Number: 69 /2014/QH13
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 26, 2014
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LAW.
Management, use of state capital invested in manufacturing,
business in business
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The Constitution of the Socialist Republic of Vietnam.
Congress enacted the Law of Management, which uses state capital invested in manufacturing, business at the business.
RULES GENERAL FORMAT
The law specifies the investment of state capital into the enterprise; management, use of state capital investing in manufacturing, business at the business and overseeing the investment, management, use of state capital at the enterprise.
1. State ownership representative.
2. The State-held business holds 100% of the charter capital including:
a) The LLC a member of the state held 100% of the charter capital is the parent company of the state economic conglomerate, the parent company of the state corporation, the parent company in the parent company group;
b) A limited liability company by the State holds 100% of the charter capital.
3. The representative of the investment state capital at the holding company, the limited liability company of two or more.
4. Agency, organization, other individuals are involved in investment activity, management, use of state capital at the enterprise.
In this Law, the words below are understood as follows:
1. The owner of the owner. is the agency, the organization that is governed by the Government, the responsibility of the state-owned representative to the business that he has decided to establish or be entrusted with and exercise the right, responsibility for the investment state capital at the holding company. part, the company is limited to two or more members.
2. Finance Agency including the Ministry of Finance and the Department of Finance of the provinces, the city's central city.
3. Investment of state capital into business is that the State uses capital from the state budget or capital from the funds administered by the State to invest in the business.
4. The representative owner directly at the state-owned business holds 100% of the charter capital. (later known as the direct owner of the owner) is the individual body appointed by the state agency to the Board of Member, Chairman of the company to exercise the right, the responsibility of the state-owning representative at the business.
5. The equity representative of the State-owned business holds 100% of the charter capital at the holding company, LLC. (later known as a business representative of the business capital) is the individual authorized by writing business to exercise the rights, responsibility of the business to the capital of the investment business at the holding company, LLC.
6. The representative of the investment state capital at the holding company, LLC's two-member LLC (later known as a state equity representative) is personally authorized by the representative body of the authorized by writing to exercise the right, It is the responsibility of the state-owned representative to the state capital investment in the holding company, LLC's two-member LLC.
7. Enterprise Manager including the President and Member of the Board Member, Corporate Chairman, General Manager or Director, Deputy General Manager or Deputy Director, Chief Accounting Officer.
8. State capital at the business including capital from the state budget, which is derived from the state budget; capital from the investment fund developed at the business, the fund-arranged support fund; the government-backed credit, which credit the state ' s development investment and capital investment. It ' s an investment by the state of the business.
9. State-owned enterprises hold 100% of the charter capital including the equity of the business and capital of the business.
What? 4. The investment objective, management, use of state capital at the enterprise
1. Make orientation, moderation, strategic macroeconomic stability in each period, promote economic growth-the society of the country by socialist orientation.
2. Innovation, improve investment efficiency, management, use of state capital at the enterprise.
3. Enher the efficiency of manufacturing operations, business of the business.
What? 5. The principle of investment, management, use of state capital at the enterprise
1. comply with the regulation of the law on investment, management, use of state capital at the enterprise.
2. In accordance with strategy, economic development planning-social development, development planning.
3. State capital investment to form and maintain the business in the stitchup, key work in some industries, the sector where other economic components do not participate or the State sector holds 100% of the charter capital, maintaining the share rate, which contributed to this. pursuits to Article 10 and Article 16 of this Law.
4. The governing body of the owner, the state governing body does not directly interfere in the production, business of the business, the management activity, the management of the business manager.
5. State Capital Management invested in the business must pass a direct owner or a representative of the state capital; ensure the business of manufacturing, business under the market mechanism, equality, equality, cooperation and competition under the law.
6. The owner of the owner, the direct owner of the owner, the representative of the state capital responsible for management, use of state capital at the business, ensuring efficiency, conservation, and increasing the value of state capital invested in the business; prevention, anti-orchestras, waste, capital failure, state property and business.
7. publicly, transparency in investment, management, use of state capital at the enterprise.
8. In accordance with the international convention that the Socialist Republic of Vietnam is a member.
What? 6. The form of state capital investment into business
1. State capital investment to establish a state-owned business that holds 100% of the charter capital.
2. Invendable investment for the State-held business is 100% active capital.
3. Head of state capital supplements to continue maintaining the share rate, the state's contribution at the holding company, LLC's two-member LLC.
4. State capital investment to buy back part or the entire business.
What? 7. State ownership representative
1. The unity government exercise the right, the responsibility of the state-owning representative in the investment of state capital into the business and management of state capital at the prescribed business at Article 40 of this Law.
2. The Prime Minister, the body representative body exercise authority, the responsibility of the state-owned representative to the business due to its decision to establish or be entrusted with and exercise the rights, the responsibility of the state-owned representative of the state. for the investment of state investment in the holding company, the LLC is limited to regulation at the terms 41, 42, and 43 of the Law and other provisions of the relevant law.
3. Direct holders exercise the right, the responsibility of the representative state of the state at the business according to regulation at Article 44 of this Law and the other provisions of the relevant law.
What? 8. The state management content of investment, management, use of state capital at the business.
1. Board and organization implementing legal, regulatory, legal use of state capital laws.
2. Build a strategic investment investment strategy, economic-economic development plan, industry development planning.
3. Build, save basic information about the business; track, monitor the operation of the business.
4. List of categories, financial management practices, policy of incentives for products, utility services in each period.
5. Monitoring, inspection, inspection of the implementation of the policy, the law of the State at the enterprise; the settlement of the complaint, denouncing; reward and breach of the breach.
What? 9. Behavior is banned in the field of investment, management, state capital use at business.
1. The decision to invest state capital into business is not in the right jurisdiction, scope, sequence, procedure.
2. Incorrect intervention, mission, permissions to management, capital use, assets of the state owned by the State to hold 100% of the charter capital.
3. Do not do the right, the responsibility of the state-owner representative in the investment, management, use of state capital at the business.
4. Do not make the right regulation of management, capital use, assets owned by the State to hold 100% of the charter capital and management of the investment state equity at the holding company, LLC's two-member LLC.
5. Monitoring, inspection, non-functional business inspector, mission, jurisdiction under the rule of law.
6. Provide the information, the report is not honest, not accurate, incomplete, not timely according to the rule of law.
7. Disappear, use of information provided by the business or the state governing body of the state without the correct regulation of the law.
INVESTMENT OF STATE CAPITAL INTO BUSINESS
Item 1
STATE CAPITAL INVESTMENT TO ESTABLISH BUSINESS
BECAUSE THE STATE HOLDS 100% OF THE RULES
What? 10. The scope of state capital investment to establish business
1. State capital investment to establish a business in the following range:
a) Business Supply Supply, the essential utility service for society; and
b) Enterprise operates in the field of defence, security;
c) Enterprise operates in the field of natural monopoles;
d) High-tech application enterprise, large investment, rapid development dynamics for industries, other sectors and the economy.
2. The government regulates the investment of state capital investment to establish a business and a state order mechanism for the business that supports macroeconomic conditions, ensuring the social security of the country stipulated at one Article.
What? 11. The authority decides to invest state capital to establish business.
1. The Prime Minister decides to invest state capital to establish a business in the following cases:
a) The business has a manufacturing of manufacturing, business, business that is formed from the implementation of the national important project that has been decided by the National Assembly;
b) The parent company of the state economic corporation and the business has investment functions and state-owned capital business.
2. The owner of the ownership agency decides to invest the state capital to establish a business that does not belong to the specified cases at 1 Article.
3. The case of state capital investment to establish a business has the criteria equivalent to the national key project, the Prime Minister decides to invest after Congress decides to take the investment.
What? 12. Presentation, state capital investment procedure to establish a business
1. The owner of the owner of the company set up a proposal to establish a business. The project must have the following principal content:
a) The goal, the need to establish a business;
b) The name, organization model and time of operation; the industry, the main business profession;
c) the total investment; the capital; the capital;
d) Assessment of the economic impact-the society of the establishment of the enterprise on the planning, industry development strategy, sector and economic zone; and
Economic efficiency, social efficiency.
2. The project to establish a business must be appointed by the state authority.
3. For the establishment of a regulated business at paragraph 1 Article 11 of this Law, the body representing the subject of the project to the Prime Minister review, the decision to establish.
4. For the establishment of the regulatory business at paragraph 2 Article 11 of this Law:
a) The representative body owner of the Prime Minister of the Government proposed the establishment of a business;
b) The Prime Minister considers, deciding to advocated the establishment of the business;
c) The owner of the owner decided to establish a business.
5. The government regulates the sequence of the order, which procedures the state capital investment to establish the business.
Item 2
INVESTMENT SUPPLEMALIZATION CAPITAL FOR BUSINESS DUE TO
THE STATE HOLDS 100% OF THE OPERATING CAPITAL OPERATING.
What? 13. The investment range adds a charter capital to the operating business.
1. The capitalization of capital supplements applies only to the business of the prescribed range at paragraph 1 Article 10 of this Law and one of the specified cases at paragraph 2 This.
2. The case is invested with the provision of the charter capital:
a) The business is working effectively but the charter capital does not guarantee the sector, the main business of the business has been approved by the state agency;
b) Enterprise operates in the field of defence, security, but non-guarantee of the duties of the State of the State.
What? 14. The authority decides to invest additional capital that is operating on the operating business
1. The Prime Minister decides to invest additional capital provisions for the business due to its decision to establish.
2. The owner of the owner decides to invest in an additional investment in the business that he decides to establish or be entrusted with the provisions of this Law, except for the business of one Article.
3. The case of an additional investment that is inherently proportional to the operating business has an additional level of capital equivalent to the capital of the national key project, the Prime Minister decides to add additional investment after Congress decides to take the investment.
What? 15. The order, the investment procedure adds a charter capital to the operating business.
1. The investment business adds a charter capital. The method must have the following principal content:
a) Assessment of the financial status and results of manufacturing operations, business of the business;
b) The objective, the necessity, the economic efficiency, the social effect of the provision of the charter capital;
c) Define the specified capital after being added.
2. Business agency representing the owner of the investment capital investment method.
3. The presiding officer owns the presiding officer, coordinating with the financial body and the appraisal of an investment capital investment methodology.
4. For an additional investment in accordance with provisions at paragraph 1 Article 14 of this Law, the body represents the basis of the project to the Prime Minister to consider, decide.
5. For the supplemalization of regulatory capital under regulation at paragraph 2 Article 14 of this Law:
a) The representative body of the Prime Minister of the Government of the Government of the Government of the Appointed Investment;
b) The Prime Minister considers, deciding on the investment of the additional investment capital;
c) The owner of the owner decides to invest additional capital.
6. The government regulates the criteria for effective assessment criteria, the sequence, the investment procedure that adds the charter capital to the operating business.
Section 3
STATE CAPITAL SUPPLEMENTS INVESTMENT AT THE HOLDING COMPANY,
TWO-MEMBER LIMITED LIABILITY COMPANY
What? 16. The investment scope adds state capital at the holding company, LLC to the two-member LLC.
1. Head of state capital supplements to continue maintaining the percentage of shares, which contributes to the State at the holding company, LLC's two-member LLC becomes one of the following cases:
a) Not to attract Vietnamese and foreign investors to the business of supplying products, services that are essential to society;
b) It is necessary to maintain to carry out defense, security.
2. The government provides details of the investment of state capital to continue maintaining the share rate, the state's contribution to the holding company, LLC's two-member LLC.
What? 17. The authority decides to invest additional state capital at the holding company, LLC is a two-member LLC.
1. The Prime Minister decides to invest the additional state capital at the holding company, LLC's two-member LLC is transformed from the business due to its decision to establish.
2. The owner of the owner who decides to invest the additional state capital at the holding company, the two-member LLC becomes converted from the business due to its decision to establish or be delivered under the provisions of this Law, Except for the business of one thing.
3. The case of additional investment in state capital at the holding company, LLC's two-member LLC has an additional level of capital equivalent to the level of capital of the national importance project, the Prime Minister decides to invest additional investment after Congress. decided to keep an investment in mind.
What? 18. The order, the investment procedure adds state capital at the holding company, LLC is a two-member LLC.
1. The representative of state capital reports the agency represents an investment in the investment of the state capital to maintain the share rate, the state's contribution at the holding company, LLC's two-member LLC. The method must have the following principal content:
a) Assessment of the financial entity and the results of manufacturing operations, the business of the holding company, the limited liability company of two or more;
b) A plan to increase the charter capital of the holding company, the limited liability company of two or more;
c) The goal, the necessity, the economic efficiency, the social effectiveness of investment addition of state capital;
d) The additional investment capital to maintain the equity rate, which is the contribution of the State.
2. The owner of the presiding officer, in coordination with the financial agency that the same level appraisal of a state equity investment approach at the holding company, LLC's two-member LLC is transformed from the business led by the Prime Minister. decided to be established, the business was decided by itself to form or be entrusted with it.
3. For the investment of state capital supplements at the holding company, the limited liability company of two members becomes stipulated at 1 Article 17 of the Law, the agency that owns the situation to the Prime Minister to consider, decide.
4. For the investment of state capital supplements at the holding company, the LLC is limited to the regulation at paragraph 2 Article 17 of the Law, the owner representing the review, the decision.
5. The government regulates the sequence of the order, the investment procedure of additional state capital at the holding company, LLC's two-member LLC.
Section 4
STATE CAPITAL INVESTMENT TO BUY BACK PART
OR THE ENTIRE BUSINESS.
What? 19. The state capital investment range to buy back part or entire business.
1. State capital investment to repurchase part or entire business belonging to one of the following cases:
a) To implement the restructuring of the economy;
b) Direct to defence, security;
c) Product Supply, the essential utility service for society.
2. State capital investment to buy back part or entire business by regulation at paragraph 1 This must be consistent with the strategy, economic development plan-social development and industry development planning in each period.
What? 20. The authority decides to invest state capital to buy back part or entire business.
1. The Prime Minister decides to invest state capital in order to buy back part or the entire business with the criteria equivalent to the national key project, the Group A project under the provisions of the Public Investment Law.
2. The owner represents a decision to invest in state capital to buy back part or the entire business with the criteria equivalent to a Group B project, a Group C project under the provisions of the Public Investment Law.
3. The Prime Minister decides to invest state capital after Congress decides to proactively invest in the following cases:
a) Acquisition of a portion of the business has an equal amount of investment equivalent to the investment capital of the national important project;
b) Acquisition of the entire business with the criteria equivalent to the national important project.
What? 21. Presentation, state capital investment procedure to buy back part or the entire business.
1. The representative agency owns the state capital investment method for a partial acquisition of a portion or entire business. The method must have the following principal content:
a) Assessment of the financial status and results of manufacturing operations, business of the business;
b) The goal, the necessity, economic efficiency, the social effectiveness of investment of state capital to buy back part or the entire business;
c) Investment capital.
2. The owner of the presiding officer, in coordination with the financial body and the appraisal of the state capital investment method for acquisition of part or the entire business.
3. For the partial acquisition of a portion or the entire business of regulation at paragraph 1 Article 20 of this Law, the body represents the plan to submit a plan to the Prime Minister to review, decide.
4. For the partial acquisition of part or the entire business of regulation at paragraph 2 Article 20 of this Law, the owner of the owner considers, the decision.
5. The government regulates the sequence of the order, the procedure of state capital investment in order to buy back part or the entire business.
MANAGEMENT, CAPITAL USE, PROPERTY AT ENTERPRISE
BECAUSE THE STATE HOLDS 100% OF THE RULES
1. Principles of regulatory capital determination:
a) No less than the legal capital of the sector, the profession, the manufacturing sector, the business according to the rule of law;
b) The scale base, the design capacity for the industry, the profession, the manufacturing sector, the business of the business;
c) In line with the strategy, the development investment plan of the business, in line with the industry, the main business profession of the licensed business is granted authority approval;
d) In line with the production method, business.
2. The owner of the owner has the responsibility of approving the charter capital and investments that are eligible for the business by regulation at 1 Article.
3. The source of capital funds to establish the business and to supplement the charter capital for the business is operating from the sources of state capital into the business.
1. Enterprise is entitled to borrow capital of the credit organization, financial institution; organization of the organization, individual outside of the business, of the worker; the release of corporate bonds and other forms of capital mobiles according to the rule of law.
2. Principles of Capital mobiles:
a) A strategic base, a 5-year development investment plan and production plan, the annual business of the business;
b) The capital mobiles must guarantee the ability to pay the debt;
c) The approval of the capital mobiles must be responsible for monitoring, the assurance that the raising capital is used in the right purpose, effective;
d) The capital mobiles of the organization, individuals in the country must implement through the contract of capital loans with the organization, individual according to the regulation of the law; the case of borrowing capital from the state's development credit capital is done by law. the law on the credit and other regulation of the law is relevant;
The raising of the organization's capital, foreign individual, borrowing or issue of bonds is made by the Government of the Government on the provisions of the law on the management of public debt and other regulation of the relevant law;
e) The capital mobiles in the form of corporate bonds made by the rule of law.
3. Authority to raise capital:
a) The member council or the president of the company decides the capital mobilation method for each project has a degree of mobiling no more than 50% of the equity inscribed on the quarterly financial report or the business ' s fiscal year financial report at the time closest to the time. capital mobiles but not too much of the capital project B under the provisions of the Public Investment Law.
The raising of the capital, the business must guarantee the total amount of debt that will be paid to include the guarantees to the regulatory subsidiary at paragraph 4 that are not more than three times the equity of the business that is inscribed on the quarterly financial report or report. financial year of the business at the time closest to the time of capital raising.
A member council or the President of the Company hierarchy to the General Manager or Director of the decision to mobilize the capital under regulation at the charter or financial regulation of the business;
b) The case of capital mobiles on the level of regulation at this point, the capital mobiles of the organization, the foreign individual, the Member Council or the Chairman of the company reporting the agency representative agency to review, approve.
4. The business is entitled to bail out the borrower capital at the credit organization in accordance with the following principle:
a) The total value of capital loans to a business subsidiary that holds 100% of the charter capital does not overvalue the equity of the subsidiary according to the quarterly financial report or financial statements of the year at the time of bail;
b) The total value of capital loans to the subsidiary-owned subsidiary of over 50% of the charter capital is not overvalued the actual contribution value of the business at the time of the bail.
5. The business case uses a non-purpose raising capital, raising capital beyond regulation but is not approved by the state authority, the owner of the owner to consider, decide or report the state agency to have the authority to handle it. the responsibility of the Member Council or the President of the Company under the provisions of the law.
What? 24. Investment, construction, purchase, sale of fixed assets
1. Authority to decide the investment project, build, buy, sell the fixed assets of the business:
a) A strategic base, a 5-year development investment plan and production plan, the annual business of the business, the Member Council or the Company Chairman deciding each investment project, construction, purchase, sale of fixed assets at a value of no more than 50% capital. the owner is inscribed on the quarterly financial report or the business ' s five-year financial report at the closest time to the time of the project decision but not so far the capital of the Group B project under the provisions of the Public Investment Law.
The Member Council or Corporate Chairperson grants the General Manager or Director to decide investment projects, build, buy, sell fixed assets by regulation at the charter or financial regulation of the business;
b) The case of investment project, construction, purchase, sale of fixed assets is greater than the stipulation rate at this point of a, the Member Council or the Chairman of the company reporting the owner of the review, approval.
2. The procedure, investment procedure, construction, purchase, sale of fixed assets by law.
3. The person who decides to project investment, build, buy, sell fixed assets must be held accountable under the rule of law if the decision is not correct or the fixed property is invested, built, purchased, sold unusable, used inefficient.
What? 25. Manage, use fixed assets
1. Enterprise construction, enacted, carrying out management, using fixed assets.
2. The business is entitled to rent, mortgage, fixed assets under the principle of effective, conservation and capital development; franchisor, fixed asset liquoration, technical backward, no need for use, inusable or used in use. It didn ' t work to recover.
What? 26. Debt Management must record
1. Enterprise implementation of the debt management must fall as follows:
a) Build, enact, implement the process of managing the debt to be obtained. The debt management statute must collect the collective responsibility of the collective, individual in tracking, repayment of debt;
b) Track of the debt must be obtained by each debt object;
c) Often taxing the debt, the governor revoked the debt.
2. The business is entitled to sell the debt to a deadline, the debt must be hard to collect, the debt must be unrecoverable. The business is only sold in debt to the economic organization that has business functions purchasing debt, which is not sold directly to the debt object. The sale prices are due to the parties and are responsible for their decision.
3. The case of debt management resulting in a loss of equity or sale of debt resulting in a loss of capital, loss of capital, loss of payment, dissolution, bankruptcy, Board of members or company President, who is involved in compensation for damages and options. according to the nature, the extent of the breach that is processed by the regulation of the law and the charter of the business.
What? 27. Debt management must pay
1. Enterprise implementation of the debt management must pay as follows:
a) Build, enact, implement the management of the debt management to pay. Debt management rules must pay the collective responsibility of the collective, individual in the tracking, the passport, confirmation, payment of debt;
b) The debt monitor must be paid by each debt subject; regularly taxing the debt; the construction of the debt payment plan, the balance of the cash flow guarantee payment; payment of debts in accordance with the agreed deadline.
2. Member Council or Corporate Chairman, General Manager or Director with a regular responsibility to review, evaluate, analyze the ability to pay the debt of the business, discover the difficult situation in payment of the debt to have a timely remedy of the solution. time, not to give birth to overdue debts.
3. The case of management to give birth to the debt is overdue, debt is not likely to pay, depending on the property, the degree of violation that the Board Member or the President of the Company, who is involved in compensated damages and is processed under the law. the rules and regulations of the business.
1. The use of capital, property, land use of the business to invest outside the business must comply with the provisions of this Law, the rule of law on investment, law on land and other regulation of relevant legislation; in line with the law of the law. strategy, the development plan of developing 05 years and the production plan, the annual business of the business.
2. Form of capital investment out of business:
a) Contributs to the creation of a holding company, a limited liability company; the capital through a business cooperation contract failed to form a new legal;
b) Buy shares at the holding company, purchase the portion of the capital that contributes to the LLC, the company that is listed;
c) Buy all other businesses;
d) Buy the left, the bonds.
3. The cases are not invested outside the business:
a) Donation Capital, purchase of shares, purchasing the entire other business that the manager, who is represented at that business as wife or husband, father, father, mother, mother, mother, mother, child, child, sibling, sister, brother-in-law, brother-in-law, brother-in-law, sister-in-law, sister-in-law, brother-in-law member of the Board Member, Chairman of the Company, Controller, General Manager or Director, Deputy General Manager or Deputy Director, Chief Accounting Officer of the Enterprise;
b) Contributs to a subsidiary company to establish a holding company, LLC or to implement a business cooperation contract.
4. The authority decides to invest capital out of business:
a) Member council or company President deciding each of the investment projects outside the business with a value of no more than 50% of the equity inscribed on the quarterly financial report or the business ' s year financial report at the closest time to the time. decision to project but not oversize of the Group B project under the provisions of the Public Investment Law.
The Member Council or Corporate Chairperson grants the General Manager or Director to decide the investment projects outside the business under the regulation at the charter or financial regulation of the business;
b) The case of investment projects outside the business has greater value than the stipulation rate at this point, the venture capital project of the business with foreign investors in Vietnam, the investment project into other business to supply products, public services, and more. useful, the Council of members or the chairman of the company reports the owner of the review owner, approx.
What? 29. Corporate foreign investment
1. The use of capital, the assets of the business to invest abroad must comply with the provisions of this Law, the provisions of the law on investment, law on foreign exchange management and other regulation of relevant legislation.
2. Member Council or Chairman of the company report the owner of the review, which decides to chair the investment project abroad.
In the case of a foreign investment project under the authority to determine the investment of the National Assembly, the Prime Minister decided to invest after the National Assembly decided to invest in investment; the case of a foreign investment project was under the jurisdiction of the decision. The chairman of the Prime Minister, the chairman of the Prime Minister, decides to invest after the Prime Minister decides to invest in the investment.
3. The responsibility of the Member Council or the President of the Company:
a) Construction of the business ' s foreign investment project ensures the correct, effective, effective, risk factors, and the management of the owner of the review, approx;
b) The board of operations and management, use of capital, property of overseas business in accordance with the regulation of the state law of the department, ensuring close management, anti-escape;
c) Monitoring, evaluated regularly and responsible for the effectiveness of the foreign investment of the business;
d) A 6-month periodic report and a yearly basis for the agency representative body on the progress made on the project is in the process of investing; in terms of investment efficiency for the ongoing project;
) In a timely report and a proposal to a solution with the representative body of the owner in the event of a significant impact on the issue of a serious impact on the foreign investment of the business;
e) The transfer of profits, other income and the return of capital at the end of a foreign investment project in the country or continue to invest abroad in accordance with the charter, the financial regulation of the business, the regulation of this Law, the law on investment and regulation. The law of the law is relevant.
What? 30. Corporate management for the subsidiary-owned subsidiary holds 100% of the charter capital and the contribution portion of the business at the holding company, LLC, LLC.
1. For the company-owned subsidiary that holds 100% of the charter capital:
a) The decision to be established, which is governed by the establishment, objectives, tasks, and industry, the business; the decision to adjust the regulatory capital in the process of operation, reorganization, acquisition of ownership, dissolution, and requirements of bankruptcy;
b) The financial statute of the subsidiary;
c) Decision to appoint, reappointment, dismissal, commendation, discipline of President and Member of the Board Member or Chairman of the Company, General Manager or Director, Controller of the subsidiary;
d) Appropriation strategy, development plans for 05 years and production plans, the annual business of the subsidiary;
Approve, modify the rules of your company;
e) Appropriation of capital mobiles, investment projects, construction, purchase, sale of fixed assets of over 50% of the company's equity are inscribed on the quarterly financial report or the company ' s fiscal year financial report at the closest time to the time. capital raising or another rate is lower than the regulation at the charter of the subsidiary;
g) Approving financial statements, distribution of profits, extract of the annual funds of the subsidiary.
2. For the part of the business that contributes to the business at the holding company, the two-member LLC becomes:
a) Decision or authorship to decide whether to raise the investment, reduce capital, return capital or transfer of the purchasing power, the right to capital investment in the holding company, the limited liability company two members or more in accordance with the rule of law and treatment. the business of the business;
b) The standard regulation, election, dismissal, dismissal, commendation, discipline, the decision of the wage, sub-payment, bonuses and other rights of the representative portion of the business's capital is defined at the terms 46, 47, 49, and 50 of the Law;
c) Delivery of the equity representative of the business's capital protection business and the legitimate interests of the business at the holding company, LLC's two-member LLC.
d) Delivery of the capital portion of the business requires the holding company, the two-member LLC to become profitable, dividends divided or revoked investment capital investment; oversight of capital investment, profit earnings, and other capital gains. the dividend is divided;
Ask the representative portion of the business to report the implementation of the mission, the authority and responsibility of the representative in the direction of the business with a stake, which contributes to 50% of the charter capital to carry out the objectives, the strategy of the business. A career
e) Ask the agent of the capital of the business to report periodically or to break up the financial situation, production operations, the business of the holding company, the limited liability company of two or more;
g) Check, monitor the activity of the business representative portion of the business to prevent, timely handling of the absence, weakness of the agent.
What? 31. Transfer of capital investment out of business
1. The principle of capital transfer:
a) comply with the regulation of the law on the business, securities, and other regulation of the relevant law;
b) Full reflection of the value of enterprise reality, including the value of land use by the rule of land law;
c) Secure the principle of market, public, transparent.
2. Investment capital transfer method:
a) The transfer of the investment capital of the business at the limited liability company performs under the regulation of the law on the business;
b) The transfer of the investment capital of the business at the holding company is listed or registered trading on the stock market according to the regulation of the securities law;
c) The transfer of the investment capital of the business at the unlisted or unregistered stock exchange on the stock market makes a public auction. The event of a non-successful public auction is a semi-competitive salute. The semi-competitive greeting case does not succeed in accordance with the method of agreement.
3. Member Council or Corporate Chairman decides to transfer the investment capital of the business at the holding company, LLC after the owner of the owner decides to chair. Where the transfer value is lower than the value of the business's accounting book after clearing the investment capital losses the Board of members or the chairman of the company reports the owner of the review, the decision.
What? 32. salaries, bonuses for labourers
1. The principle of determining the wages of the worker:
a) comply with the law of labor;
b) The base enters the agreement in the labor contract;
c) Based on the productivity of labor, the work efficiency of the worker.
2. The bounty for workers is defined on the basis of labor productivity, the work achievement of the worker and is cited from the corporate tax returns. A member council or the Chairman of the Company issued a reward for the worker.
What? 33. Cash, remunation, bonuses for business manager
1. The principle of determining the wages, the remunation of the business manager due to the appointment of the appointment authority:
a) comply with the regulation of law on labor and law on cadres, civil unions;
b) Based on the efficiency of manufacturing operations, the annual business of the business;
c) Based on the level of completion of a business manager 's mission; the remuning of the non-professional business manager is determined on a job basis and work time but does not exceed 20% of the business manager' s wages. I'm sorry
2. The business manager 's prize money is approved by the representative agency on an efficient basis of manufacturing operations, business, rating of business, the level of completion of the business manager' s mandate and is cited from the following profit. Business tax.
What? 34. The principle of distribution of post-tax profit
1. Quote no more than 30% of the post-tax profit left to use business on the purpose of developing the industry, the business ' s main business.
2. Quote a portion of the business 's post-tax profit to create a reward fund, the worker' s welfare fund and the corporate manager 's benefit fund, Control on the basis of the operation' s operational efficiency, the degree of completion of the mission is Home. I mean,
3. The state collects profits after the remaining tax after extracts the prescribed funds at paragraph 1 and paragraph 2 This to ensure the benefits of the State from investing capital into the business.
What? 35. Insurance and capital development of the business
1. The conservation and development of the capital of the business is made by the following measures:
a) Management, use of capital, property under the provisions of this Law and other regulation of the relevant law;
b) Buy property insurance;
c) Processing of property losses, debt is not likely to recover;
d) Quote a bill to reduce inventory prices, debt must be difficult to claim, discount of long-term financial investments, product warranty, cargo, construction work.
2. The member council or the president of the company is responsible:
a) to preserve and develop the capital of the business;
b) The agency represents the owner of the equity volatility of the business.
STATE CAPITAL RESTRUCTURING AT BUSINESS
What? 36. Water Capital Structure in Business
1. Base of state capital investment in order to establish a regulated business in Article 10 of this Law, the Government regulates the state-state recession in the business in accordance with the strategy and economic development plan-the society, development planning.
2. The non-state non-state business holds 100% of the charter capital to implement a restructuring of state capital at the specified business at the terms 37, 38, and 39 of this Law.
3. Revenue of state capital at the business to reinvest, enhance the operational efficiency of the State-owned business that holds 100% of the charter capital.
4. Draw investor in the country, foreign investors engage in manufacturing operations, business of the business when implementing a business restructuring.
5. The restructuring of the state capital at the business performs in the following forms:
a) Transaction ownership and rearrangement of business;
b) Transfer of state equity representation at the business;
c) Investment state capital transfer at the holding company, LLC's two-member LLC.
What? 37. Switch ownership and rearranging business
1. The business is transformed in possession in the following forms:
a) Antichal;
b) Sell the entire business;
c) Sell a portion of the investment state in the business to convert to a two-member LLC.
2. The business performs rearrangement in the following forms:
a) Unity, merger, division separation;
b) Dissolving, bankrupt the business.
What? 38. Transfer of representative ownership of state capital at the business
1. transfer principle:
a) Does not affect the manufacturing activity, the business of the industry, the main business profession of the business;
b) Assure the ability and obligation to pay the debts of the business;
c) Do not reduce the regulatory capital of the capital transfer business in the event of a partial transfer of capital, property between businesses.
2. transfer cases:
a) Transfer between the owners of the owner;
b) Transfer of a portion of capital, property between businesses;
c) Project transfer, public investment from the agency, project management organization, enterprise public investment;
d) The transfer of state capital at the business between the owner of the owner and the business has the investment function and the state-owned capital business.
What? 39. Transfer of investment state capital at the holding company, LLC is a two-member LLC.
1. transfer principle:
a) The right criteria for taxing the business according to the rule of law;
b) Secure the principle of market, public, transparent;
c) The transfer of capital concerning the right to use the land must comply with the regulation of the land law.
2. transfer method:
a) The transfer of capital at the LLC to the two-member LLC makes the statutory implementation of the law on the business;
b) The transfer of capital at the holding company has listed or registered trading on the stock market according to the regulation of the securities law;
c) The transfer of capital at the holding company is unlisted or unregistered transactions on the stock market implementation of the public auction. The event of a non-successful public auction is a semi-competitive salute. The semi-competitive greeting case does not succeed in accordance with the method of agreement.
Chapter V
THE RIGHT, THE RESPONSIBILITY OF THE STATE OWNER
What? 40. Rights, Government responsibility
1. The formal regulation, content, sequence, procedures for the restructuring of state capital at the enterprise.
2. The executive order, the amendment, adds charter to the State-held business 100% of the charter capital decided by the Prime Minister.
3. Regulation of financial management to the State-held business of 100% of the charter capital, including: method of valuation of capital; capital mobiles; investment, construction, purchase, sale, management, use of fixed assets; management of the debt must be obtained, debt payable; investment, transfer of capital outside of the business; distribution of post-tax profit, extract and use of the funds of the business; the conservation and development of the capital of the business; the authority to enact financial regulation on businesses held by the state 100% of its capital. -No.
4. Regulation criteria assessment of the results of the target, mission delivered, operational results, production performance efficiency, business, business to the State-held business of 100% of the charter capital and the level of completion of a business manager ' s duties. Acting, controlling the oversight, checking in investment, management, use of state capital at the enterprise; the regulation of public information about the operation of the business.
5. Regulation of recruitment, appointment, reappointment, dismissal, reward, discipline of enterprise manager, Controller, state equity representative.
6. Regulations on the wage regime, the remunation, bonuses and other rights of the business manager, the Controller, who represents the state capital.
7. Regulation of the Operations Regulation of Control at the State-held business held 100% of the charter capital.
8. Regulation of recruitment, salaries, bonuses and other rights of workers at the State-held business held 100% of the statutory capital under the law of labour law.
9. The Congressional Report at the end of the year on investment activity, management, use of state capital at the business of the previous year in the nationwide scope.
What? 41. Right, the responsibility of the Prime Minister
1. The state capital investment decision to establish a business by regulation at paragraph 1 and paragraph 3 Article 11 of this Law.
2. For the business led by the Prime Minister the Government decided to establish:
a) The decision to reorganize, transform ownership and rearrange the business;
b) The decision capital determines when the establishment and regulation of the charter capital in the process of operation;
c) Appropriation strategy, development investment plan and production plans, the 05-year business of the business;
d) Decision to appoint, reappoint, dismissal, commendation, discipline of the President of the Council.
3. Appropriation of corporate creation, the overall project arrangement, innovation enterprise for business created by the representative representative body.
4. The decision to chair the transfer of state capital at the business between the representative agencies, between the owner of the owner and the business has the investment function and the state-owned capital business.
What? 42. Rights, the responsibility of the owner ' s agency to the state-owned enterprise held 100% of its charter capital.
1. The state capital investment decision to establish a business by regulation at paragraph 2 Article 11 of this Law.
2. For the business the owner of the owner decided to establish:
a) Decision to reorganize, transform possession, dissolution, bankruptcy;
b) The decision to transfer state capital at the business between the owner of the owner and the business has the investment function and the state capital business after being decided by the Prime Minister;
c) The executive order, the amendment, the provision of the charter; the decision, the correction capital;
d) Appropriation strategy, investment plan development of 05 years and production plans, the annual business of the business;
The decision to appoint, reappoint, reappoint, commendation, discipline, salaries, salaries, bonuses and other rights of the President and Member of the Board, the president of the company, the Controller, who represents the state capital; decide the fund. The salary, the annual feituation of the business manager, the Controller.
Approve the proposal by the Member Council or the President of the Company on the appointment, reappointment, dismissal, commendation, discipline to the General Manager or Corporate Director;
e) Appropriation of capital mobiles, investment projects, construction, purchasing, selling fixed assets, investment projects out of business, project investment projects overseas in accordance with regulations 23, 24, 28 and 29 of this Law;
g) The capital to carry out the investment of state capital into the business after being granted authority approval; the decision to transfer the investment capital of the business at the holding company, LLC's two-member LLC is back in the case. the transfer value is lower than the value of the value of the business after clearing the investment capital loss.
h) The decision to make capital contributions, increase, decrease in capital, transfer of the investment of the business at the holding company, LLC's two-member LLC; decided to take over the holding company, LLC. member became a subsidiary, the company's affiliate company;
i) Appropriing financial statements, the profit distribution method, which extracts the annual funds of the business;
) Monitoring, inspection, inspection of management, use, conservation and development of capital, implementation of strategy, development investment plan, employment employment, implementation of the wage regime, the business ' s bonuses; there is an opinion on monitoring, testing, and employment. Inspector, the agency ' s inspector, the other organization has jurisdiction over investment activity, management, state capital use at the business;
l) Evaluation of operational results, productive performance efficiency, business of the business; assessment of the degree of task completion in management, the management of the business manager, Controller.
3. For the business to be delivered, the representative body does the authority, the responsibility of regulation at paragraph 1 and paragraph 2 This, except for the right, the regulatory responsibility at Article 41 of this Law.
4. The government regulates the implementation of the right, the responsibility of the representative body of the owner.
What? 43. Rights, the responsibility of the owner ' s agency to the investment of the investment state at the holding company, LLC is a two-member LLC.
1. Bachelor, dismissal, dismissal, reward, discipline, decision-making, provision of responsibility, bonuses and other rights of state capital.
2. Decision under the investment of capital investment, equity transfer, state equity at the holding company, LLC.
3. Monitor the return of capital investment, profit earnings, dividends divided from the holding company, LLC to two or more members.
4. Ask the representative portion of the state capital to perform the prescribed duties at Article 48 of this Law; there is a timely and written opinion on the matters of the responsibility of the agent to report, please.
5. Check, monitor, assess the activity of the representative of the state capital.
6. Take responsibility for the efficiency of use, preserve, state capital development.
7. Practice of the right, other responsibility under the regulation at the Enterprise Law, the business charter and other regulation of the relevant law.
What? 44. Rights, the responsibility of the Member Council or Corporate Chairman at the State-held business 100% of the charter capital
1. Member Council or Chairman of the Company recommended granting jurisdiction at the provisions 40, 41, and 42 of the Law that determines the regulation of capital; amendments, provisions; reorganization, acquisition of ownership, dissolution, business bankruptcy.
The Council of members offers to grant the authority stipulated at the provisions 40, 41, and 42 of this Law appointed, reappointment, dismissal, commendation, discipline, salaries, remunation, bonuses and other rights to the President and Member of the Council. Yes,
2. The member council or the President of the Company decides after the agency ' s representative body approx the following content:
a) Strategy, investment plan development of 05 years and production plans, the annual business of the business; and
b) Appointment, reappointment, dismissal, commendation, discipline to the General Manager or Director;
c) Capital of capital, investment, construction, purchase, sale of fixed assets, investment projects out of business, project investment projects overseas in accordance with provisions 23, 24, 28 and 29 of this Law;
d) Capital, increase, capital reduction, investment capital transfer of investment business at the holding company, LLC.
Taking over the holding company, the two-member LLC becomes a subsidiary, the company's affiliate company;
e) Financial reporting; distribution of profits, which extract the annual funds of the business.
3. Member Council or Company Chairman decides on the following content:
a) the internal management of the business;
b) Cash, remunation, bonuses and other rights to the General Manager or Director, other titles appointed by the Council of Member;
c) Appointment, reappointment, dismissal, reward, discipline, salaries, remunation, bonuses and other rights to the Deputy Director General or Deputy Director, Chief Accounting;
d) Decision or authorship for the General Manager or Director of the decision to project capital mobiles, investment projects, construction, purchase, sale of fixed assets under jurisdiction.
4. Member Council or Chairman of the management company, which runs the business that complied with the regulation of the law and the decision of the representative body of the owner.
5. The member council or company Chairman is responsible to the agency that owns the owner in management, use, conservation, capital development; timely reporting of the owner of the owner when the business is operating out of losses, does not guarantee the capacity. payment, not completing the assignment of duty and other cases of misconduct.
6. The member council or the chairman of the company is accountable to the law on violations of capital damage, the property of the business.
7. Member Council, President, and Member of the Member Council or the Chairman of the Company to implement the rights, other responsibilities under the provisions of the Enterprise Law, the business charter and other regulation of the relevant law.
What? 45. Control at the state-owned business holds 100% of the charter capital
1. Control by the representative body, the state agency has the authority to appoint, reappoint, dismissal.
2. Standards, conditions, work modes, rights, responsibilities of the Control Officer follow the provisions of the law on the business and other provisions of the relevant legislation.
3. salaries, remuners, Checklist bonuses:
a) Pre-salary, remunation, the bounty of the Controller is determined on the basis of the degree of mission completion, productive operational efficiency, business of the business;
b) Pre-salary, remunation, the bounty of the Controller due to the owner ' s agency, the state agency has the authority to decide, pay.
THE REPRESENTATIVE OF THE STATE CAPITAL,
THE PERSON WHO REPRESENTS THE CAPITAL OF THE BUSINESS
What? 46. Standards of state equity representative, who represents the capital of the business.
The agent of the state capital, who represents the capital of the business must meet the following standards:
1. Vietnamese citizens, resident in Vietnam;
2. There are political, ethical qualities, there is sufficient capacity for civil conduct, enough health to complete the task of being delivered;
3. Know the law, with a sense of law enforcement;
4. With capacity, professional qualifications, work experience in accordance with the requirements of the position, the title of being appointed as a representative;
5. Not during the time of the prohibition of office, review of disciplinary action, investigation, prosecution, trial, prison punishment, trial of disciplinary action;
6. Not a wife or husband, biological father, foster father, mother, mother, child, child, child, brother, sister, sister, brother-in-law, brother-in-law, sister-in-law, sister-in-law, sister-in-law, and member of the Board of Directors, President and Member of the Board, President of the Company, Control Officer, General Manager or Director, Deputy General Manager or Deputy Director, Chief Accounting Officer of the Enterprise;
7. Other standards by the rule of law on the business and other regulation of the law are relevant.
What? 47. Send a representative of the state capital, who represents the capital of the business
1. The standard base stipulated at Article 46 of this Law, the owner of the owner, the state-owned enterprise holds 100% of the choice capital, sends the representative of the state capital, who represents the capital of the business. The gesture of representation must be done in writing, which rules the right, the responsibility of the agent.
2. The deadline for the representatives of the state capital, who represents the portion of the capital of the business is determined not to be overtaken by the Member Council, the Board of Directors.
3. The representative of the state capital, who represents the capital portion of the business in charge of participating as a representative at a business.
4. The representative of the non-professional state capital can participate as a representative of the state capital at no more than three businesses, the number of non-professional representatives at a business of no more than 30% of the city council membership. The board, the board.
The equity representative of the non-professional business can participate as a representative at one or some business pursuits at the charter of the business.
What? 48. Rights, the responsibility of the representative portion of state capital
1. Report, please consult the owner of the owner before joining the opinions, voting and decisions at the General Assembly of the Eastern Council, the meeting of the Board of Directors, the Member Council on the following matters:
a) The industry, the business profession, the goal, the mission, the strategy, the development investment plan, the production plan, the business;
b) The executive order, modification, addition of charter; increase or reduction of charter capital; vote, dismissal, dismissal, commendation, violation, violation of the board member, Board Member, General Manager or Director, Deputy General Manager or Deputy Director;
c) Distribution of profits, which extract the annual funds of the business;
d) reorganization, dissolution, bankruptcy;
Other matters under the jurisdiction of the General Assembly, the Board of Directors, Council of Nations.
2. In time for a timely report on the holding company, the company's two-member LLC becomes inoperable, without ensuring the ability to pay, not completing the assignment of assigned tasks and other wrongdoings.
3. periodically, every year and a sudden, at the request of the representative representative body, the representative of the combined state capital, reporting the production situation, business, financial situation, and the resolution of the solution.
4. Requied the company's shares, a two-member limited liability company to the profit of the profit state budget, dividends shared in the share of the investment state capital at the company.
5. Not to continue as a representative when the execution is not right, the responsibility is delivered or no longer meets the standard of the agent.
6. Responde to the law on violations of state capital damage.
7. Perform the right, the other responsibility stipulated at the charter of the holding company, the LLC's two-member LLC, the law on the business and other provisions of the relevant legislation.
What? 49. Rights, the responsibility of the representative portion of the business
1. Report, please recommend that the business has dispatched a representative before joining the opinion, voting and decision at the General Assembly, the meeting of the Board of Directors, the Council of members on the following matters:
a) The industry, the business profession, the goal, the mission, the strategy, the development investment plan, the production plan, the business;
b) The executive order, modification, addition of charter; increase or reduction of charter capital; vote, dismissal, dismissal, commendation, violation, violation of the board member, Board Member, General Manager or Director, Deputy General Manager or Deputy Director;
c) Distribution of profits, which extract the annual funds of the business;
d) reorganization, dissolution, bankruptcy;
Other matters under the jurisdiction of the General Assembly, the Board of Directors, Council of Nations.
2. In time for a timely report on the holding company, the company's two-member LLC becomes inoperable, without ensuring the ability to pay, not completing the assignment of assigned tasks and other wrongdoings.
3. The annual, annual, and breakthrough period at the request of the business, the representative portion of the capital business, reported the production, business, financial situation, and solution recommendations.
4. Not to continue as a representative when the execution is not right, the responsibility is delivered or no longer meets the standard of the agent.
5. Responsable to the law on violations of the capital ' s capital loss.
6. Practice of the right, other responsibility according to the regulation of the law on the business, the regulation of the business and other regulation of the law is relevant.
What? 50. Money, remunation, bonuses and other rights of the state equity representative, who represents the portion of the business ' s capital.
1. The representative of the state capital, who represents the capital portion of the business in charge at the holding company, the limited liability company of two members becomes the wage benefit, the provision of responsibility, bonuses and other rights provided by the holding company. Part of it, the company is limited to the two members.
2. The representative of the state capital, who represents the portion of the capital of the non-professional business at the holding company, the limited liability company of two or more members is entitled to pay wages, remuners, bonuses and other rights as follows:
a) For the company of the holding company, the company of responsibility for the company of the two members shall return to the expense of the company;
b) wages, responsibilities, bonuses, and other benefits are owned by the representative agency, the state-held enterprise of 100%.
MONITORING, INSPECTION, INVESTMENT ACTIVITY INSPECTOR, MANAGEMENT.
LI, USING STATE CAPITAL AT ENTERPRISE
Item 1
MONITORING, INSPECTION, FIRST OPERATIONAL INSPECTOR.
\PRIVATE, MANAGEMENT, USE OF STATE CAPITAL AT ENTERPRISE
What? 51. Monitoring, inspection, inspection of state capital investment activity into the business
1. The administration of the policy, the law on investment of state capital into the business.
2. The investment of state capital enters the business by goal, principle, the scope of regulation in this Law.
3. The determination of capital investment, the balance of capital planning and the use of capital to invest state capital into the business.
4. Economic efficiency, the social effect of investing in the state capital into the business.
5. The decision to invest in investing, the procedure, the procedure of deciding to invest the state capital into the business.
6. The execution of the right, the responsibility of the representative body of the owner in the investment of state capital into the business.
What? 52. Monitoring, inspection, inspection of management activities, capital use, property at the State-held business 100% of the charter capital.
1. The enacration of policy, management of management, capital use, property at the business.
2. The execution of the right, the responsibility of the representative agency in the management, use of capital, property at the business.
3. The implementation of the production plan, business, financial planning and development strategy of the business, carrying out the product supply mission, the utility service provided by the State, the planning.
4. The mobiling and use of mobiles, the management of the debt must be obtained, the debt must be paid, the implementation of the investment project, construction, purchase, sale of fixed assets, conservation, capital development of the business.
5. The promulgation of the internal management of the business.
6. Operate investing outside the business, operating the investment abroad of the business.
7. The transfer, capital recovery, profit earnings, dividends are divided from the capital investment out of business.
8. Capital management of investment business at the holding company, LLC.
9. Implementiation of the wage regime, remunation, bonuses, liability and other rights to the worker, the business manager, the Controller, who represents the capital of the business.
10. Make obligations to the state budget, distribute profits, to extract and use the funds of the business.
What? 53. Monitoring, inspection, inspection of investment state capital management at the holding company, LLC is a two-member LLC.
1. The issuing of policy, law on investment state capital management at the holding company, LLC.
2. The execution of the right, the responsibility of the representative agency in the management of state capital investment at the holding company, LLC's two-member LLC.
3. The maintenance of the percentage of shares, which contributes to the holding company, LLC's two-member LLC goes up to the business classification criteria by law.
4. Election, exercise, accountability, wage regime, remunuation, bonuses, responsibilities, and other rights of state capital representatives.
5. The implementation of the state capital degeneration plan, state capital recovery, profit margins, dividends are divided from the holding company, LLC's two-member LLC.
What? 54. Monitoring, inspection, inspection of the restructuring of state capital at the business
1. The issue of policy, legislation on the restructuring of state capital at the business.
2. The implementation of the right, the responsibility of the representative body of the owner in the restructuring of the state capital at the business.
3. Construction, approval, implementation of the state capital restructuring project.
Item 2
MONITORING, INSPECTION, FIRST OPERATIONAL INSPECTOR.
PRIVATE, MANAGEMENT, USE OF STATE CAPITAL AT ENTERPRISE
What? 55. Surveillance of the National Assembly
1. Congress, the Standing Committee of the National Assembly, the National Council, the Committee of the National Assembly, the Congress of Congress, the Congress delegate overseeing the investment, management, use of state capital at the statutory business, of the law on the oversight operation of the state. Congress.
2. Congress review the Government 's report at the end of the year' s National Assembly meeting on the situation of investment, management, use of state capital at the business of the previous year.
3. Between the two sessions, the Standing Committee of the National Assembly has the right to ask the Government, the Prime Minister, other members of the Government of the program, to answer questions of investment, management, use of state capital at the enterprise.
What? 56. Check, Government inspector.
1. The government, the Prime Minister within the scope of the mission, the authority to hold the test, inspect the following activities:
a) The construction, enacted, organization implementation of policy, law on investment, management, use of state capital at the business;
b) The exercise of the right, responsibility of the owner representative body;
c) The results of manufacturing, business, conservation, state capital development at the business.
2. Ministry of Finance:
a) The petition, which proposes solutions with the agency representative body of investment activity, management, use of state capital at the business;
b) Every year of aggregate, the petition, which proposes a solution to investment, management, use of state capital at the enterprise within the country, and the Government report.
3. The ministries, peer-to-peer agencies, inspection of investment activities, management, use of state capital at the enterprise within the range of tasks, permissions.
What? 57. Monitoring, inspection, inspector of the owner ' s representative body.
1. The owner of the owner carrying out the monitoring, inspection, inspector of the following activities:
a) Investment, management, use of state capital at enterprise; productive operational efficiency, business, conservation, state capital development at the business;
b) Practice the right, the responsibility of the business manager, the Controller, the representative of the state capital;
c) The adoption of the policy, the law of the business;
d) Investment, capital recovery, profit margins, dividends were divided at the holding company, the limited liability company of two or more;
) Implementing the petition, the warning of the state governing body, the inspection agency, the auditor, the agency that owns the investment, management, use of state capital at the enterprise.
2. The monitoring results base, inspection, inspection of regulation at 1 Article, the owner representing the owner:
a) Warning, timely handling of the problem detection during monitoring, inspection, inspection;
b) Request for full implementation, timely time of petition, warning of the state governing body, the inspection agency, audit of investment, management, use of state capital at the business;
c) Processing or petition processing by jurisdiction over the business manager, Controller, who represents the state capital of the state which has infringed on investment, management, use of state capital at the enterprise;
d) Every year of aggregate, sending the Ministry of Finance to oversee investment practices, management, use of state capital at the enterprise due to its decision to form or be delivered.
What? 58. Internal surveillance of the state-owned enterprise holds 100% of the charter capital
1. Enterprise performs internal monitoring of the following content:
a) The efficiency of manufacturing, business, conservation, state capital development at the business;
b) The exercise of the right, the responsibility of the business manager, the Controller, who represents the capital of the business;
c) Investment, capital recovery, profit margins, dividends are divided at the holding company, LLC's two-member LLC.
d) The adoption of the policy, the law of the business;
Other content at the request of the owner's representative body.
2. Board members or company Chairman make up in time of measures to prevent the risk of losing safety on capital management, property at the business according to internal monitoring results; fulfills, timely implementation of the petition, warning of the monitoring agency, audits, and more. Detective, detective.
Chapter VIII
ASSESSMENT, CLASSIFICATION, REPORT AND PUBLIC ACTIVITY OF THE COMPANY
THE STATE-OWNED BUSINESS HOLDS 100% OF THE CHARTER CAPITAL
What? 59. Evaluation, business classification, assessment of business manager, Administrator of the Board
1. The evaluation, rating the base business into the following criteria:
a) The level of implementation of the business ' s plan in terms of revenue, profit and margins on the equity of the business;
b) The ability to pay the debt, the debt must pay the overdue payment of the business;
c) The implementation of the product supply mission, the utility service provided by the State, the planning;
d) The adoption of policy, law on investment, management, use of state capital at the business and other provisions of the law is relevant.
2. The evaluation of the degree of completion of the mission of the business manager, the base control of the base assessment, the business classification and the exercise of the right, the responsibility to be delivered.
What? 60. Corporate Activity Report
1. Business reports the owner of the owner of the following content:
a) Development Investment Plan, production plans, business, the annual financial plan of the business;
b) The results of periodic periodic planning;
c) 06-month financial reporting, yearly;
d) Resolution, the decision of the Council of Members;
The investment projects, the implementation of investment projects;
e) Development issues can impact outcomes of development planning development, production plans, business, corporate finance plans; and more.
g) Internal monitoring results;
h) Other content under the regulation of the law on the business.
2. The business must perform the business ' s annual Financial Reporting audit. Prior to and after the audit, the Year Financial Report must be sent to the representative body of the owner, the same finance agency and the state governing body under the rule of law.
3. Member Council, President, and Member of the Member Council or the President of the Company, which is responsible to the law on the accuracy, honesty of the content of the report stipulated at 1 Article.
What? 61. Public information about the operation of the business
1. Sales of publicly available, timely on the port of electronic information of the business of the content of the activities of the business stipulated at 1 Article 60 of this Law.
2. The agency represents a public registration, in time on the port of the agency's electronic information portal ownership of investment activity, management, use of state capital at the business for the business he decided to establish or be delivered. management.
3. The Ministry of Finance posted publicly, promptly on the electronic portal of the Ministry of Finance 's report on the Government' s report on investment activity, management, use of state capital at the enterprise in the nationwide scope after the Government reported the National Assembly.
COMPLIMERS AND BREACHES.
1. The organization of the organization, the individual completes the following mission:
a) Finish the task, target in investment activity, management, use of state capital at the business;
b) Complete overpass is delivered; there is a solution, initiative in management operation, capital use, property assets;
c) To detect, prevent timely use of waste, state capital failure; capital, property assets.
2. Praise Source:
a) The bounty according to the law of the award of reward;
b) The worker 's reward fund, the corporate manager' s prize fund, the Controller.
The agency, the organization, the individual whose behavior violates the rules of the law, is subject to the calculation, the substance, the degree of violation that is subject to disciplinary action, the punishment of the administrative breach, or the prosecution of criminal responsibility; if the damage is caused, it is compensated by the rules of the law. the law.
EXECUTION CLAUSE
What? 64. The transition clause
1. Since this Law is in effect, the state-held enterprise of 100% of the charter capital is responsible for offering the state agency the authority to enact the charter, the financial statute of the business under the provisions of this Law; the promulgation must be completed. to 1 January 2016.
As a result, the financial regulation of the state-held enterprise of 100% of the charter was issued before the Law on the Act was implemented until December 31, 2015.
2. For the state capital investment project to the business that has been granted the authority to approve, the decision before this Law Day is announced continuing on the approved implementation of the project.
3. The handling of management activity, capital use, property at the State-held enterprise of 100% of the charter capital, state capital management at the holding company, LLC to two members becomes born, before the law is effective. It was done on December 31, 2015, as of December 31, 2015.
The law has been in effect since 1 July 2015.
The government, the authorities have the authority to rule out the details, the paragraph assigned to the Law.
The law was appointed by the National Socialist Republic of Vietnam XIII, the 8th session through November 26, 2014.
President of Congress. |
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(signed) |
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Nguyen Gung Xiong |
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