The GOVERNMENT number: 71/2013/ND-CP of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness Hanoi, March 7 in 2013 the DECREE Of State capital investments in business and financial management for enterprises by the State holds 100% of the capital of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of business on November 29, 2005;
Pursuant to the law on investment of 29 November 2005;
According to the recommendation of the Minister of finance;
The Government issued the Decree of State capital investments in business and financial management for enterprises by the State holds 100% of the Charter capital, chapter I GENERAL PROVISIONS article 1. Scope of this decree regulating the State capital investment into the business and financial management for enterprises by the State holds 100% of the capital.
Article 2. Application object 1. The object of this Decree apply include: a limited liability company) a Member State due to hold 100% of the Charter capital is Chancellor of the Government decision to establish or ministerial agencies, ministries, government agencies (hereafter referred to as the logical sectors), the province people's Committee , central cities (hereafter referred to collectively as the provincial people's Committee) decided to establish. Includes: limited liability company of a member is the parent company of the economic group; the parent company of the State Corporation; the parent company of model parent company-subsidiary.
-Limited liability company, an independent member.
b) authorized representative in the enterprise by the State holds 100% of the capital and the People representing the State to invest in other businesses.
c) organizations and individuals related to the State capital investment activities, financial management for enterprises by the State holds 100% of the capital stock and management of State capital joint investment in other businesses.
2. The parent company stated in art. this base financial management regulations and other regulations in this Decree has the responsibility to construct, issued regulations for financial subsidiaries by the parent company holds 100% of the capital.
3. Enterprises by the State holds 100% of capital works in the particular fields of Finance shall follow the rules of their own Government or the Prime Minister about the particularities of that and other provisions in this Decree.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "business" limited liability company is a member by State holds 100% of the Charter capital defined in art. 1 article 2 of this Decree.
2. "State Capital in the enterprise" is a direct investment from the State budget, the focus of State Fund when established and additional business in the course of business activities; the account must file extracted to budget; investment fund development at the enterprise; The Foundation of business arrangements; the State capital was receiving from elsewhere moved to; the value of land use rights, the right to use national resources are the State Affairs and record capital increase for State enterprises; the other property under the provisions of the law of State Affairs for the business.
3. "the equity of the enterprise" is which is formed from the sources specified in paragraph 2 of this article, profits have yet to distribute and exchange rate difference is reflected in the financial statements of the business under the provisions of the law.
4. "State Capital to invest in other businesses," the State capital is contributed in a joint stock company, limited liability company, 2 members by the managing departments, provincial people's Committee as owners.
5. "Business Capital" is the equity of the business and capital mobilized by enterprises.
6. "the business's Capital investments in other enterprises" is business capital investments in subsidiaries, associated companies.
7. "authorized representative of the State stake investment in other businesses" is the owner of the personal authorization in writing to implement the rights, responsibilities, obligations of the owner in other businesses.
8. "authorized representative of the business stake investment in other businesses" is personally authorized business in writing to implement the rights, responsibilities, obligations of enterprises in other businesses.
Authorized representative specified in clause 7 and 8 of this Article hereinafter referred to as the representative.
9. "the corporate management officer" as President and members of the Board members or the Chairman of the company, the Comptroller, the Director General or Director, Deputy Director or Associate Director, Chief Accountant (not including the ceo or Executive Director, Deputy Director or Associate Director, Chief Accountant working under labour contracts).
Chapter II INVESTMENT and MANAGEMENT of STATE CAPITAL INVESTMENTS in the BUSINESS section 1 STATE CAPITAL INVESTMENT into the BUSINESS article 4. The State capital investment principles into business 1. The State capital investment into the business to generate industry, providing products, essential public utility services for society; make sure to serve defense, security; implemented to regulate the economy and stabilize the macro-economic strategies in each stage.
2. state capital investment into the business is properly targeted, effective, tailored to each project and is made public, transparent.
3. state capital investment capital contribution to business start-up, business cooperation with other economic sectors should be the competent agency evaluation and approval.
4. state capital investment to implement provisions of the law, progress, quality assurance; avoid, waste, losses.
5. Increasing the value of State capital investment in the business.
Article 5. Form of State capital investment into business 1. The State capital investment to implement the project, the State's important work in the business.
2. capital investment to establish new businesses.
3. additional, investment capital for businesses to expand the scale, capacity enhancement, business capacity; technological innovation, reduce environmental pollution, security service, defense.
4. state capital investment to maintain the right to govern or the rate of capital contributed by the State in joint stock companies, limited liability company members.
5. Acquisition of a stake or the entire enterprise in the other economic sectors to make adjustments of economic structure.
Article 6. The State capital investment conditions to enterprises 1. Investment in the project, the State's important work in the business, including: a) the project has a total investment from 35,000 billion, of which the State capital from 11,000 billion;
b) project, the work has a great effect on the environment or potential serious effects on the environment, including: – nuclear power plants;
-Project works, land use that requires the transfer of the land use purpose of national parks, nature reserves, landscape protection area, forest research, science experiments from the 50 hectare (ha); protective forest drained from the 50 hectare (ha); wind-protective forest, sand bay definitely, definitely reclaimed airwaves, protect the environment from 500 hectares (ha); production forests from 1000 hectares (ha);
c) project, the process of land use that requires the transfer of land-use rice water from two service back up with the scale from 500 hectares (ha).
d) project, works to immigrants resettled from 20,000 people or more in the mountains, from 50,000 people in other regions.
DD) project, of investments in the area has valuable national relics is particularly important for the history, culture; attractions are rated the national level.
e) projects, investments in the area is particularly important for countries on defense and security.
g) project, the work requires the application of special policy mechanisms.
h) project, the country's key projects of investments abroad have one of the following criteria:-the total capital invested abroad from 20,000 billion or more, including capital invested abroad from 7,000 billion;
-The project, the work requires the application of the mechanism, a special policy should be decided by Congress;
-Special projects of other important decision by the Prime Minister.
2. state capital investment to establish new businesses by the State holds 100% of the capital: a) state capital investment to establish new businesses in these sectors, sectors, geographical areas:-industry, providing products and services essential for the social security service directly , Defense;
-Industry, high-tech application areas, creating fast-growing momentum for the industry, other sectors and the entire economy, requires large investments;
-Geographical socio-economic conditions particularly difficult where the ingredients of other economic investment.
b) Prime Minister's decision to list branches, sectors, geographical areas specified in point a of this paragraph.
c) The State capital investment for the establishment of business must aim to develop, served directly for the main business lines of the business.
3. The additional investment capital just performed for the enterprise in an State holds 100% of the Charter capital according to the criteria, list classified by State enterprises Minister decided in each period but not yet the State invest enough capital.
4. The additional state capital investment to maintain or increase the rate of which the State is involved in other enterprises, including: a) other businesses supply business products, public service, direct service, security defense.
b) other business operations have a major influence on the development of economy, industry and territory in an State should hold the dominant stake according to the decision of the Prime Minister in each period.
5. The acquisition of a stake or the entire enterprise in other economic sectors to make adjustments of the economic structure according to the decision of the Prime Minister in each period.
Article 7. The Authority decided to invest capital in State enterprises 1. The Prime Minister decides the State capital investment into the business to: a) implement the key project of the State specified in clause 1 6 of this Decree, after the Government passed by Congress.
b) decided to invest capital to establish the State economic group; additional capital decisions during the operation of the State and the economic group of the Investment Corporation and the State capital.
c) decided to invest additional capital contributions in economic corporations after privatization.
d) decided to invest state capital to buy back a stake or the entire enterprise in other economic sectors according to the proposal of the managing departments, provincial people's Committee.
2. Minister of industry managers, the Chairman of the provincial people's Committee decided to invest capital in business to: a) decided to establish the capital investment for business management in the industry, the provincial people's Committee after the Prime Minister and approval of the project to establish the business.
b) decided to replenish capital in the operation of the business. For business by the Ministry of industry management decided they must deal with the Ministry of finance.
c) decided to invest state capital increase contributions in other enterprises by the Ministry of industry management, provincial people's Committee is the owner.
d) presided, in cooperation with the Ministry of finance, the Ministry of planning and investment appraisals part of capital acquisition projects or the entire enterprise in other economic sectors the Prime decision.
Item 2 STATE CAPITAL MANAGEMENT INVESTMENTS in OTHER ENTERPRISES in article 8. Rights, responsibility of The management of the industry, the provincial people's Committee for the State capital to invest in other business 1. The rights of shareholders, members, which is the joint venture parties under the provisions of the laws and regulations of other businesses.
2. Election, dismissed, reward, or discipline other business delegates, decided the salary, allowances, bonuses and other remuneration issues for representatives, except in the case of the representative was paid from other businesses.
3. Requests the representative to report sudden or recurring situation of business results, the financial situation of the business.
4. Commissioned and directed the representative to protect the rights, legitimate interests of the State in other businesses. Ask the representative to report the implementation of duties, powers and responsibilities of the representative, in the direction of enterprise holdings, which govern to implement the objectives, the strategy of the State; the opinion directs in writing when the representative please comments.
5. The decision by the authority the investment capital gains or capital investments in other enterprises in accordance with the laws and regulations of other businesses.
6. check, monitoring activities of the representative, discovered the shortcomings, weaknesses of the representative to prevent, correct and timely processing.
7. Monitor the recovery of the capital invested in other business, the profit is split from other businesses.
8. Responsibility for the effective use, conservation and development capital.
9. the implementation of the rights, other responsibilities prescribed by law.
Article 9. Rights, responsibilities of representatives 1. Rights, responsibilities of the representative a) representatives made the right, the responsibility of the owners of State capital investments in other businesses have a responsibility to comply with the law; done properly the tasks are allocated when the owners decided the issues referred to in article 8 of this Decree. Promptly report it to the owner about the situation of business losses, does not guarantee the ability to pay, not to accomplish this goal, the task assigned by the owner or the cases of other violations.
b) representative must ask for owner comments in writing before taking comments, voting and decided at the session of the General Assembly of shareholders, the meeting of the Board, Board member of business lines, goals, mission, strategy, business plan planning, investment and development; reorganization, dissolution, bankruptcy; enacted the Charter, amendments and supplements; the increase or reduction of capital; nominated for election, resignation and recall, reward, treats breaches of Board members, Board members, the Director-General (Executive Director), Vice President (VP); distribution of profits and extracted set, using the funds, the annual dividend.
2. Salary, bonus and benefits of a representative professional representative) in the management, operating in other businesses are entitled to salaries, allowances of liability (if any), bonuses and other benefits stipulated in the Charter business and do business that paid under the provisions of the law.
b) Chief Representative does not participate in the professional management of other business executives, remuneration, salary, bonus, allowances of liability (if any) and other benefits enjoyed by the owner to pay under the provisions of the law.
c) representative when the right to purchase shares issued more convertible bonds, according to the decision of the company shares (except purchases under the rights of existing shareholders), they must report in writing to the owner. Decision capital owners in writing the number of shares to be purchased under the representative level of contributions and the results of the Mission of the representative. The right to buy the rest of the owners of capital. The case was made the representative representing the State in many units, the priority selection make the right purchase at 1 unit. The representative at the joint-stock companies have a responsibility to move the right to buy the remaining shares to the owners of capital.
3. criteria of representative representative must be eligible under the provisions of clause 2 Article 48 business law and government regulation on the application of the law on public servants for the positions of leadership, management limited liability company in a Member State due to hold 100% of the Charter capital and who was elected to represent owners of capital of the State in which the enterprise of the State.
4. report of the regime representatives on the basis of financial reports and other reports of the enterprise was made the representative, quarterly and end of financial year or irregularly at the request of the owner, the representative must synthesize, evaluate the situation of production and business , finance, handling measures recommendations, etc in order to enhance the effectiveness of State capital investments in other businesses report the owner of capital.
Article 10. Currency profits, dividends are divided into 1. Profits, dividends are divided from the State capital to invest in other business was filed about the Fund support organiser and grow the business.
2. Representatives are responsible for requesting other businesses filed profits, dividends are divided about the Fund support organiser and grow the business.
Article 11. The decision to increase the capital reduction and the recovery of the entire capital invested in other business 1. The increase in capital investment in other businesses as follows: a) the Authority decided to increase State capital projects to invest in other businesses follow the provisions of article 7 of this Decree.
b) method to raise capital to invest in other business under the provisions of the law and the rules of the business.
c) where other businesses raise capital that industry Manager, provincial people's Committee needs no additional capital investment, the Ministry of industry managers, the provincial people's Committee consideration, decided to transfer the right to buy, the rights which under the provisions of the law.
2. The reduction or recovery of the entire state capital investments in other enterprises is done through the transfer form as defined in section 3 of chapter II of this Decree.
Section 3 TRANSFER of STATE INVESTMENT CAPITAL in the ENTERPRISE article 12. The purpose of the conveyance of capital investment in State enterprises 1. The State made the transfer part or the entire capital invested in the business prescribed in article 5 of this Decree.
2. State of implementation of the transfer of capital in the enterprise aim: a) corporate restructuring by sector, State trades do not continue to hold 100% of the capital.
b) divestment of State investments in other enterprises as joint-stock companies, limited liability companies operating in the State field does not need to maintain capital.
c) attract investment capital participation of the strategic investors in and outside the country.
Article 13. The principle of the transfer of capital investment in State enterprises 1. The transfer of capital to invest in business must have been approved by the authority.
2. When making the transfer of capital investment in State enterprises must ensure transparency, effectively, limiting the maximum losses (if any), create conditions for business development.
3. The transfer of State capital investments in businesses related to the land must comply with the provisions of the law of the land.
Article 14. The method of transfer of State investment capital in the business 1. For business by the State holds 100% of the capital stock when shares follow regulations on privatization of enterprises by the State holds 100% of the capital.
2. With regard to the State capital transfer in the limited liability company a member or state capital transfer in the limited liability company from 2 members to become limited liability company members perform in accordance with the corporate law. The transfer of capital to reflect the full value of the fact the State stake in the business, including the value of land use rights allocated under the provisions of the law.
3. With regard to the sale of the business by the State holds 100% of the Charter capital made according to regulations on the sale of businesses.
4. With regard to the transfer of State capital in a joint stock company: a) The company was listed on the stock exchange order matching transaction or agreement through the trading system of the stock exchange.
b) The company is not yet listed on the stock exchange but registered transactions on securities trading system implemented similar to the sale of shares of the company were listed as defined in point a of this Paragraph.
c) The company is not in point a, point b of this Clause made the sale of shares in the form of a public auction. The case has only one registered investors buy shares or case to be Prime allows the writing made sale of shares under the deal directly with investors.
Article 15. The Authority decided to transfer the capital investment in State enterprises 1. The Prime Minister decided the transfer of capital according to the method of privatization; sale of business or moved into limited liability companies 2 members for the business due to the Prime Minister decided to form; the decision to transfer the State-capital investment in economic corporations after privatization.
2. Minister of industry managers, the Chairman of the provincial people's Committee decided to transfer the State-capital investment in the business by his investment decisions established by the method of privatization; sale of business or moved into limited liability companies 2 members according to the sort of business innovation projects have been approved by the Prime Minister. Decide on the transfer of shares, capital in other enterprises by the Ministry of industry management, provincial people's Committee is the owner of capital after the opinion of the Ministry of finance, the Ministry of planning and investment.
Article 16. Currency money transfer of capital invested in the enterprise proceeds from the transfer of State investment capital in the enterprise according to the method prescribed in article 15 of this Decree, after deducting the costs related to the transfer of capital, fulfilling the obligations with the State budget in accordance policy resolution, for redundant workers under the provisions of the law, the rest were filed about the Fund support organiser and grow the business.
Section 4 MANAGING and USING the FUNDS to SUPPORT BUSINESS DEVELOPMENT and ARRANGEMENTS article 17. Management, using the Funds to support business development and arrangement the Prime Minister decided to establish and promulgate regulations, using Funds to support business development and arrangement. Financial Affairs performs the function of State management, ensure consistency, focus, effectively the resources of the Fund.
1. the revenues of the Fund support organiser and enterprise development: a) Currency equity difference section larger than the capital of the enterprise was the owner approval prescribed in paragraph 4 to article 38 of the Decree.
b) proceeds from the stock and the conversion of other ownership forms for business by the State holds 100% of the capital.
c) from the transfer of State investment capital in other enterprises by the Ministry of industry management, provincial people's Committee representing equity holders after excluding costs related to the transfer.
d) Collected from the net profit of the business by the State holds 100% of Chartered capital of VND Account specified in point 3 of this Decree 38 Articles.
DD) Dividend Income, profits are divided in other enterprises by the Ministry of industry managers, the provincial people's Committee representing the owners of capital.
e) regulate business arrangements support fund of the Corporation, the Corporation, the parent company.
g) other revenues prescribed by law.
2. arrange and Fund Spending enterprise development: a) of additional capital Spending for businesses because the State holds 100% of the capital but lack of capital or new established businesses.
b) acquired a stake or the entire enterprise in other economic sectors.
c) capital investment in enterprises shares in an equity maintenance State.
d) investment projects according to the decision of the Prime Minister.
DD) support workers redundant.
e) other expenses under the provisions of the law.
Chapter III FINANCIAL MANAGEMENT for ENTERPRISES by the STATE HOLDS 100% of the CHARTER CAPITAL 1 ADMINISTRATION and USE of PROPERTY, CAPITAL BUSINESS Article 18. Charter capital 1. For established businesses new: capital is defined in the project of establishment of the enterprise is approved by the authority. Capital levels are determined by the maximum 30% of the level of capital which form the assets of the business, consistent with each of the disciplines, fields, ensure normal operations for the enterprise according to the scale, design capacity. The business case is State investment budget whole property to establish the business capital levels are determined by the total capital investment.
2. active enterprises increased Charter capital needs: based on the objectives, mission, strategy development and expansion, business and production activities, operational peculiarities of each type of business, the owners approved the capital increase for the business. Capital levels regulators increased the minimum defined for 3 years from the year of capital adjustment decisions.
a) Prime Minister's decision to increase the Charter capital for business because the Prime Minister formed as proposed by The management of the industry, the opinion of the Ministry of planning and investment and the Ministry of Finance's assessment.
b) Minister of industry management decided to increase capital for business due to The establishment after obtaining the written agreement of the Ministry of finance.
c) Chairman provincial people's Committee decided to increase the capital for business by the provincial people's Committee established.
3. The Ministry of Finance shall guide profile, procedures and methods of determining capital.
4. The right to additional liability, capital: a) enterprises used Development Fund resources to supplement the missing portion of capital after being approved by the authorized capital level. The Fund supported use case business sort of parent company (if any) to supplement the Charter capital must be the Prime allows writing.
b) Ministry of finance make the missing part capital levels for the business due to the Prime Minister, the Ministry of industry management decided to increase capital in the operation after the additional business from the sources specified in point a of this paragraph.
c) provincial peoples Committee issued the missing portion of capital for enterprises by the provincial people's Committee decided to increase the Charter capital in the operation after the additional business from the sources specified in point a of this paragraph. The case suggest granting capital from the central budget or other lawful capital sources by the central management must have reported the Finance Ministry and the Prime Minister for approval.
Article 19. Mobilization of capital 1. Forms of capital mobilization: the release of bonds; loans of credit institutions, other financial organisations, of the individuals, the organization also; Labour's loans and other financing forms prescribed by law.
2. The principle of capital mobilization: a) the mobilization of capital must have been approved by the authority to ensure debt payment capability. The approved financing projects have to be responsible for checking, monitoring, ensuring capital is used for your purposes, the right audience and effectively.
b) The loans of economic organizations and individuals in the country, business is done through the loan contract with economic organizations, individual loans in accordance with the law; domestic loans interest rate does not exceed the maximum interest rate for loans of the same term of the business where the commercial bank to open a trading account at the time of the loan; business case to open a trading account in several banks, the interest rate on direct financing must not exceed the highest lending rate along the duration of the commercial bank that business open account transactions.
c) financing of the Organization, foreign individuals to follow the provisions of the law on the loan to pay foreign debt. The terms of the loan paid enterprise's self made under the provisions of the legal text of the foreign debt. Industry Manager, provincial people's Committee approval of foreign debt policy of the business and Finance Ministry proposal evaluation, approved.
d) financing in the form of bonds to cater for primary lines of business are made according to the provisions of the law on issuing corporate bonds prescribed in business law and other documents related to the release of corporate bonds.
3. the approval authority of capital mobilization: a) initiative business financing business service ensure the system on which the owner of the business does not exceed 3 times, including the loan guarantee for the business capital of the parent company as defined in paragraph 4 of this Article. Where: Board member or President of the company decided to mobilize capital projects do not exceed 50% of the Charter capital of the business or a smaller proportion is prescribed in the rules of the business. The case of the Council members, the President of the company hierarchy for the Director General, the Director decided to mobilize capital projects, the hierarchy must be stated in specific rules and financial regulation of the business.
b) for the business of raising capital needs beyond the provisions in point a of this Paragraph to investment projects important to report the owner to consider, decide on the basis of the projects financed must ensure repayment ability and effective. The owner has the responsibility to inform the Ministry of finance to coordinate follow-up and monitoring.
4. The parent company is entitled to bail subsidiary due to the parent company owns 100% of the Charter capital of the Bank's loan, the credit organization according to the provisions of the law. The total value of the account to guarantee loans for a subsidiary does not exceed the value of the parent company's equity in the company.
The case of the business capital of the parent company guarantee demand, then the parent company guarantee according to the principle: the percentage (%) of each loan does not exceed the percentage (%) in the parent company's equity business is the guarantee for loans and loan guarantees the total may not exceed the number of actual capital of the parent company in enterprise security head.
The total value of the loan guarantee clause of the parent company to the subsidiary by the parent company owns 100% of the Charter capital and business capital of the parent company does not exceed the equity of the parent company but must ensure the systems on which the owner specified in point a of Paragraph 3 of this article. The parent company has the responsibility of monitoring the use of loans for your purposes and for repaying the loans guaranteed by the parent company for businesses.
5. The owner is closely monitoring the mobilization and use of capital in the business. The business case using capital properly not the purpose or raising capital exceeds 3 times the equity but not approved by owners, the owner of the business is responsible for coordination with the Finance Ministry report, check the prime consideration, decisions and process responsible for Board member or President of the company in accordance the current law.
Article 20. The investment, construction, procurement of fixed assets of the business enterprise to build the plan the project developer for 5 years, including the portfolio of investment projects from Group B over under the provisions of the law on the management of investment projects in construction or a smaller level stipulated in the Charter of the business process owner for approval.
1. Jurisdiction to decide investment projects, construction, procurement of fixed assets of enterprises: a) the Council members, the President of the company decided the investment projects, construction, procurement of fixed assets worth less than 50% of the Charter capital of the business, but don't overuse the project group B under the provisions of the law on the management of investment projects , construction. Hierarchy for the Council members, the Chairman of the company must be recorded in terms of business. The larger the project hierarchy for the Council members, the President of the company by business owners to consider the decision.
Board member or President of the company decided the hierarchy for the General Manager or Director of enterprise project investment decisions, build, procurement of fixed assets under the authority the decision of the Council members, the President of the company.
b) sequence, procedure, construction, procurement of fixed assets made under the provisions of the law on the management of investment projects, construction.
2. Investment, shopping transport service of enterprise activity: The title is business management officials use a shuttle transport from accommodation in to work, using vehicles when on a business trip, use the vehicles serve the overall work of the enterprise made under the provisions of the Prime Minister. Installation or replacement of vehicles by the Board member or President of the company. The case of authorization for the Director General or Director decided the new equipped vehicles must be specified in the statutes or regulations of financial management of enterprises.
3. The decision on the investment, building, procurement of fixed assets liable if the investment, building, procurement of fixed assets is inconsistent, outdated techniques, it cannot be used.
Article 21. Depreciation of fixed assets 1. The principle of depreciation all fixed assets of the business are required to depreciate property: except for some a) fixed assets the depreciation value, but most were still in use in production and business activities.
b) fixed assets depreciation and yet lost.
c) other fixed assets management by enterprises that are not in the ownership of the business (excluding fixed assets financial hire).
d) fixed assets not be managed, tracked, in accounting bookkeeping of your business.
DD) fixed assets used in the operations of service welfare workers of the enterprise (except for the fixed assets in service for workers employed in the enterprise such as: houses between ca, home to eat between ca, home to change clothes, toilets, clean water tank, garage rooms or clinics for consultation and treatment, airport shuttle workers, vocational training, housing for workers due to investment in the construction business).
e) fixed assets from non-refundable aid after competent authorities handed the business to serve scientific research.
2. The specific guide financial management mode, time use and depreciation of fixed assets.
Article 22. For rent, mortgage, pledge of property 1. The business is entitled to lease, mortgage, pledge of property of the business according to the principle of effective conservation and development of the capital under the rule of law.
a) Board member or President of the company decided to lease the property has the value below 50% of the Charter capital of the business.
b) authority decides to use the assets of the business to mortgage, pledge loans made under the provisions of article 19 of this Decree.
2. for established businesses to perform regular, stable production, public product supply, directly serving defense, security when renting, mortgage, pledge the assets directly serve this mission must be approved by the owner.
3. The use of the property for rent, mortgage, pledge to adhere to the provisions of the civil code and the provisions of other relevant laws.
Article 23. Liquidation, assignment of selling fixed assets 1. Business initiative and make concessions for sale, liquidation of fixed assets have been damaged, outdated techniques, there is no need to use or cannot be used to recover the capital on the principles of publicity, transparency, capital conservation.
2. The authority to decide the liquidation, sale of fixed assets concessions: a) Board member or President of the company decided to liquidate the hefty, valuable asset remains below 50% of the Charter capital of the business but do not overuse the project group B.
The liquidation, assignment of selling fixed assets whose value is greater than the level of decentralization for the Council members, the President of the company, the Board Member, President of the company that reported the owners decide.
b) for business was created to perform regular, productive and stable product supply, utilities, directly serving defense, security when selling the property alienation directly serves this mission must be the consent of the owner.
c) case assignment variant sold fixed assets of enterprises do not have the ability to recover the capital has enough investment, business must clearly explain the causes inability to payback the report owner and financial bodies of the same level before the concession for the sale of fixed assets to carry out monitoring.
d) Private event of fixed assets investment by not bringing new economic performance as the original approval approach, enterprise needs no further use that the concession for the sale of assets not likely recover enough investment capital leads to business does not pay the debt loans according to the deed or contract loans must clarify the responsibilities of the the person concerned to report the owner handled under the provisions of the law.
DD) for the concession auctioned property of some particular sectors (tobacco production, shipping, aviation, ...), then in addition to observance of the provisions of this decree must follow the rule of law.
3. The method of liquidation, sale of fixed property alienation: The alienation of fixed assets sales is done by auction form through an organization that functions for auction properties or by enterprises organized themselves made public in accordance with the procedures prescribed by the law of property auction. The case of alienation of fixed assets sale of value left on the window of accounting under 100 million, General Manager or Director of decision choosing sale by auction method or the agreement but not lower than the market price. Fixed assets case no transactions on the market, the business is organized rental valuation function determines the price as the basis of the sale of the property by the above method.
The Ministry of Finance regulates the order and procedure of liquidation, sale of property alienation.
Article 24. Inventory management 1. Merchandise inventory as goods bought on business to sell remaining, raw materials, materials, tools, inventory tools or purchased are going on the road, unfinished products in the production process, the finished product but have not entered the warehouse, inventory of finished products, finished products are sent for sale.
2. The business initiative and is responsible for handling the merchandise inventory, product, backward fad, backward techniques, stagnant, slow rotation to payback. The Authority decided to treat as prescribed in clause 2 Article 23 of this Decree.
3. the end of the accounting period, when the original inventory price on the window the higher net value accounting can seize the business must cite established discount backup inventory as defined in paragraph 3 Article 34 of this Decree.
Article 25. Manage the debts receivable, payable 1. Debt Manager a) accountability of business:-construction and management regulations issued the debt, assigned and clearly define the responsibilities of the collective, the individual in the tracking, recovery, payment of the debt;
-Open the Windows to track the debt by subjects of the debt; often classified the debt (debt relief debt insist carriage difficult debt, inability to recall), urging debt collection;
-Board Member, President of the company, Director General, corporate directors are responsible for the timely provision of debt, debt irrecoverable. If not treated in time the debts not recovered under the provisions of this paragraph, the Board Member, the company President, ceo or Executive Director will be dismissed as dishonest case report the financial situation of the business from 10 times over. If it does not promptly led to the loss of the owner's equity in the business, they must take responsibility before the owner and before the law;
-When defined as debt provision, business must cite established reserve for debt provision as prescribed in paragraph 3 Article 34 of this Decree;
-Debt is not likely to recover, businesses have the responsibility to handle individual compensation, the relevant collective, the rest was offset by reserves debt provision. If is missing then the cost accounting of business enterprises;
-Debt does not have the ability to recover after processing as above, enterprises still have to follow up on external accounts balance sheet accounting and recovery organization. The recovery amount was accounting on the income of the business.
b) powers of the enterprise: the enterprise is the right to sell the overdue debt, debt provision, debt does not claim to recover the funds. Only business sold debt for the economic organization have debt trading business function, not to be sold directly to the debt owed. The selling price of the debts due the parties negotiate and solely responsible for the decision to sell debt. The case that led to corporate debt sale suffers a loss, the loss of capital, or the loss of liquidity, leading to business status must be dissolved, bankrupt, the Council members, the President of the company and who are related directly to the work incurred this debt compensation and dealt with according to the provisions of the law and the rules of the business.
2. The management of the business to pay the debt: a) open the Windows to track full of liabilities including interest are charged.
b) payments payable under the time commitment. Regularly reviewed, evaluated, analyzed the possibility of payment of business debt, early detection of difficult situation in debt payment to be timely fix solution to the overdue debt. The debts must be paid without paying, with no audience to pay the accounting on the income of the business.
Article 26. The difference in rates of exchange rate difference arises when payment of monetary items in foreign currencies, or in original reporting monetary items in foreign currencies of the business origin according to the exchange rates other than the exchange rates are accounted for, or has been reported in the financial statements is regulated as follows : 1. During the period of construction investment to fixed assets formation of new business establishment has not yet come into operation, the exchange rate difference arises when payment of monetary items in foreign currencies to make original construction and exchange rate difference arises when assessing the original monetary items in foreign currencies last year financial reflects estimated, separately on the balance sheet. When fixed assets investment and construction completed, the exchange rate difference arising during the period of construction was apportioned into financial income gradually, or financial costs in the maximum period of 5 years since brought the property into use.
2. for enterprises are in the process of production and business, including the investment building to form the assets of the business, the exchange rate difference arises when payment of monetary items in foreign currencies and the original reviews of the original monetary items in foreign currencies last year financial accounting on financial revenue , or financial costs in the year of the business.
The Ministry of Finance shall guide the handling of the disparity in rates.
Article 27. Asset inventory 1. Business must organize inventory periodically or irregularly to determine the amount of assets (fixed assets and long-term investments, assets and short-term investments), the collation of public debt, are charged in the case: When the key accounting to financial reporting year; When making the decision to split, split, merger, consolidation, change of ownership; After the disaster, the enemy graphics; or for any reason that causes changes in the assets of the business; or under the provisions of the State. Excess property statistics, lack of irrecoverable debt, overdue, clearly identify the cause, the liability of the Organization and the individuals involved and determine the level of compensation of the material according to the regulations.
2. Processing the inventory a) handle property losses following inventory loss of property is the property loss, shortage, damage, less loss of quality, outdated fad, backward, stagnant inventory techniques identified in the periodic inventory and inventory. The enterprise must determine the value have suffered, causes, accountability and process are as follows:-If the subjective reason caused the loss compensation, processed according to the provisions of the law. Board member or President of the company decided the compensation prescribed by the law and take responsibility for their decision;
-If the insured property losses, then processed according to the contract of insurance;
-The value of the property after the losses were offset by compensation of the personal, collective, of the insurance organization, the missing are accounted into the costs of production and business in the States;
-The special cases due to natural disaster or due to force majeure causes serious damage, enterprises can't fix the Board member or President of the company plans handle the loss of the owner and the competent financial authorities. After obtaining the opinion of the financial bodies, the owners decided the disposal losses under jurisdiction;
-Businesses are responsible for timely payment of property losses, the losses to the property are not handled, the Board Member, the company President, ceo, Director of the responsible business owner as case report dishonest financial situation of businesses.
b) excess inventory after the property excess inventory after a property is the difference between the real property inventory number with the number of recorded assets on the books of accounting, property values due to excess inventory was accounted to the income of the business.
Article 28. Revaluation of property 1. The business made revaluation of assets in the following cases: a) by decision of the competent State bodies.
b) made the switch to enterprise ownership: shares, sell or convert owned enterprises by other forms.
c) Refers to investment property out of business.
d) other circumstances as stipulated by law.
2. The revaluation of property must be in accordance with the provisions of the State. The fare increase or decrease the value by the revaluation of property prescribed in paragraph 1 of this article follow the rules for each specific case.
Article 29. Capital investment out of business 1. Capital investment rules out a business) business is the right to use property belonging to the administration of the business has been the source of capital investment by businesses to invest outside the business. The use of the property is related to the land to invest outside the enterprise must comply with the provisions of the law of the land.
b) The enterprise's capital investment in other businesses must comply with the provisions of the law, in accordance with the strategy, planning, development of the business plan, do not affect the business activities of the enterprise is the owner and ensure effective guidelines , conservation and development capital.
c) capital contribution is not business or investment in the property sector (excluding the MPI category is the field of real estate), no capital contribution, purchase of shares in banks, insurance companies, securities firms, investment funds, securities investment fund or the investment company's securities except in special circumstances as determined by the Prime Minister.
d) business has contributed capital, investing in the areas specified in point c of this paragraph does not belong in the case are prime for investment must have restructuring and implementation of disengagement of which had invested at the discretion of the authority.
DD) business is not involved, which buy shares of the other enterprise managers, executives or owners of this business is the spouse, parent, child, brother, sister of the President and members of the Board members, Comptroller, Director General (Deputy Director) , Director (Deputy Director) and Chief Accountant at that business.
2. The form of investment capital out of business: a) the capital contribution, purchase shares to establish joint-stock companies, limited liability companies, raising capital business partnership contract not forming a new entity.
b) buy shares or a stake in the joint-stock companies, limited liability companies, partnerships are active.
c) acquired another business to form a new entity.
d) Buy bonds, bonds to influence interest rates.
DD) other investment forms outside the enterprise in accordance with the law.
3. The authority to decide a capital investment project outside the enterprise: a) Board member or President of the company decided the investment project outside the business after it has been approved by the policy owner.
b) business owners decide which venture with foreign investors in Vietnam; capital contribution or investment enterprise established abroad; decide on the acquisition of businesses of different economic sectors; investing in established businesses to perform mostly, regular, stable products, public service, serving defense, security; the decision of the other financial investment projects remains not the jurisdiction decision of Board member or President of the company.
4. In addition to the case not involved raising capital as defined in points c, e Clause 1 of this article, the business also restricted forms of investment capital contribution received is as follows: a) the parent company received investment capital of the subsidiaries.
b) subsidiary by the parent company holds 100% of the Charter capital, the company is not dependent accounting, which is the same parent company to establish new businesses, not raising capital to buy shares when the stock of other companies in the same group, Corporation, or combinations of the parent company-subsidiary.
Each year, industry Manager, provincial people's Committee has the responsibility to examine and supervise the management and use of capital out of business according to regulations. The business case has capital investment activities outside the right audience but do not make the investment structure adjustment as provided for in paragraph 1 of this article, the main business manager, provincial people's Committee has the responsibility to coordinate with the Ministry of Finance reported the Prime review decision and process responsible for Board member or President of the company in accordance with the current legislation.
Article 30. Transfer of capital investments outside The business ceded to sell equity investments outside of the enterprise made under the provisions of the Securities Law, Business Law and the regulation of the law, including: 1. The method of transfer: depending on the form of capital contribution, made business investments consistent with the provisions of the law , Charter of business capital and commitments in the contract business cooperation of the parties.
a) for the transfer of capital of businesses at the limited liability company is a member or in limited liability company from 2 members to become limited liability company members follow the guidelines specified in clause 2 of this Decree, article 14.
b) for transfer of investments in joint-stock companies were listed on the stock market or sign a transaction on the trading floor UPCOM, the business is actively follow the matching methods, auction, sell or deal in competition but not lower than the market price at the time of sale.
c) for the transfer of the investments in unlisted joint stock companies, the enterprise made the auction on the principles of publicity, transparency, capital conservation. Where: the transfer of valuable investments charged in denominations from 10 billion or more, the business must make the auction through stock trading. Transfer of financial investments are calculated according to the value in denominations below 10 billion, then the selected business hiring intermediary financial institutions (securities firms), auction or auction in the enterprise, the auction or through the stock exchange.
The sale agreement was only made after a public auction but only one person sign the purchase and sale price must be close to the value of the field at the time of the sale; in this case, the market price at the time of sale based on a quote by at least 10 securities firms have taken stock of the company have capital of the business, the case does not have a transaction, the sale price is not lower than the price indicated on the bookkeeping of your business.
2. Board member or President of the company decided the transfer of investments in other businesses under the control of his investment decisions in accordance with the law, the transfer price of the investments under the principle of market value but do not lower the price recorded on the bookkeeping of your business.
3. in case when the capital transfer out of business but is lower than the value indicated on the bookkeeping of the enterprise (after it has compensated the loss reserve for capital investments under the provisions and the benefit obtained from capital investment), enterprises must report the owner review decision.
Article 31. Rights, responsibility of the business capital investment into other business 1. Capital investment business limited liability company into a business owned by members 100% done right, responsibility in accordance with the corporate law.
2. Enterprises investing capital into other businesses have the right to, the following responsibilities: a) the rights of shareholders, members, which is the joint venture parties under the provisions of the laws and regulations of other businesses.
b) Election, dismissed, reward, or discipline other business delegates, decided the salary, allowances, bonuses and other remuneration issues for representatives, except in the case of the representative was paid from other businesses.
c) asked the representative of periodic reports or irregular situation business results, the financial situation of the business.
d) commissioned and directed the representative to protect the rights, legitimate interests of enterprises in other businesses. Ask the representative to report the implementation of duties, powers and responsibilities, especially in the business-oriented holdings, which govern to implement the objectives, the strategy of the business.
DD) check, active monitoring, detecting shortcomings, weak representative to prevent, correct and timely processing.
e) decision or the person who has the authority to decide the capital increase investment or divestment of investments in other enterprises in conformity with the laws and regulations of other businesses.
g) supervise the recovery of the capital invested in other business, the collection is divided into income from other businesses.
h) responsible for effective use, conservation and development capital.
I) make the rights, responsibilities as prescribed by law.
3. rights, responsibilities, remuneration, salary, bonus, benefits and standard of business representatives in other businesses: the business pursuant to the provisions in article 9 of this Decree to promulgate regulations of enterprises on the rights, responsibilities, remuneration, salary, bonus, benefits, and standards of reporting Person representing the enterprise's investment in other businesses.
4. mode reported by the representative of the business on the basis of the financial statements and other reports, quarterly and end of financial year or at the request of the owner, the representative must synthesize, evaluate the situation of production and business, finance, propose measures to handle difficulty, in order to enhance the efficiency of business capital investment in other businesses report the owner of capital.
5. Profit to be divided from the capital of enterprises investing in other businesses.
The representative is responsible for requesting timely submission of other business profits, dividends are divided about the business.
Article 32. The power increase and decrease of capital investment business in other business The increase or decrease of capital investment business in other business is done according to the following rules:
1. The decision on capital investment projects on other business at the same time as the additional capital investment decisions in other enterprises or the decision to reduce the portion of capital to invest in other businesses.
2. The method of increase and decrease of capital in other enterprises in accordance with the laws and regulations of the enterprise.
3. in case of other enterprises capital increasing that business needs no additional capital investment, the business review, decided to transfer the right to buy, the rights which under the provisions of the law.
Article 33. Withdrawal of capital from other business investment recovered when the decision to reduce the corporate capital investment in other businesses or when other business is dissolved, bankrupt was transferred to the business.
Article 34. Conservation of capital 1. Businesses have the responsibility to preserve and develop the equity invested in the business. All the fluctuations increase, reducing equity, the business owner must report and financial agencies to track, monitor.
6 month recurring, annual business must evaluate the effective use of capital through the target level of capital conservation under the guidance of the Ministry of finance.
2. The conservation of the equity in the business is done by the following measures: a) the correct management mode made use of capital, property, profit distribution, the mode of financial management and accounting mode under the provisions of the law.
b) Buy property insurance under the provisions of the law.
c) timely processing of property value losses, debts do not have the ability to recover and extract the reserves the following risks:-discount backup inventory;
-Backup the account provision;
-Reserve a discount the long-term financial investments;
-Preventive maintenance products, commodities, construction and installation works.
d) other measures regarding conservation of the equity in the business under the provisions of the law.
3. extract the principles established reserves: a) The reserves mentioned above are accounted into the costs of business activities in the report at the time of establishment of the financial statements of the enterprise, to ensure businesses have the financial resources to offset the losses could occur in the next year.
b) business must build the regulation on management of materials, goods, public debt management to limit the risks of the business; clearly define the responsibilities of each Department, each individual track, commodity management, recovery of the debt.
c) prohibits businesses taking advantage of the redundant set to extract additional costs reserves the right not to reduce obligations to the budget. The businesses deliberately breach will be sanctioned as acts of tax evasion under the provisions of the current law.
The Ministry of finance instructed the quote up and use the reserves off inventory, debt reserve provision, loss prevention financial investments, maintenance of backup products, commodities, construction and installation works.
Section 2 revenues, COSTS and RESULTS of BUSINESS ACTIVITIES Article 35. Revenue and other income 1. Revenue and other income of the business is determined in accordance with the accounting standards and other legal documents about the current tax.
2. Revenue includes revenue producing activities, business and financial operations revenue, of which: a) revenue from manufacturing operations, business is the full amount receivable arising in the period from the sale of goods and products, provides services of the business. For the enterprises providing public service, product sales, including State subsidies for enterprises when implementing business providing products or services according to State Affairs task that not enough revenue to offset spending.
b) revenue from financial activities including: the revenues from royalties, for the other party to use the assets of the business, the interest from the loan, the interest rate of the deposit, the interest rate on deferred sales, installment loan, interest rate and financial leasing; the difference in interest rates due to sale of foreign currencies, currency exchange rate variances, including disparities in rates of the debt payable in foreign currency at the time of establishment of the financial reporting lower rates recorded on the ledger; the proceeds from the transfer of capital to enterprises investing in other enterprises; profits, dividends are divided from the investment out of business (including the portion of profits after tax after leaving cites the company's Fund limited liability a member by enterprises owned 100% of the Charter capital and dividends are divided into equal shares in the joint-stock company). The case has divided the profit of enterprise income tax, the business does not have to file income taxes for profits are divided.
3. other income includes the proceeds from the liquidation, assignment of selling fixed assets, collect the money the insurance compensation, the debt is charged now take home recorded increases of income, collects the fines the customer due to breach of contract, the value of intellectual property right which is accepted , was recorded in other income of enterprises and other revenues prescribed by law.
4. for enterprises doing business in the banking, insurance, then the determination of revenue imposed pursuant to the provisions of the law adjustment for this business sector.
Article 36. The cost of running the business costs of business activities of the enterprise are expenses incurred related to business activities in the financial year. The determination of costs is made in accordance with the standard level of accounting and tax law; the cost of running the business including a number of the following: 1. The production costs of business: a) the cost of raw materials, fuel, power, products, services purchased from outside (calculated according to the actual consumption and the actual original price), the cost allocation tools, labor, tools, repair costs of fixed assets costs quoted huge repair costs before the fixed assets.
b) depreciation fixed assets according to the regulations.
c) salary costs, wages, costs be for employees by the Board member or President of the company decided to follow the instructions of the Ministry of labor, invalids and Social Affairs.
d) funding social insurance, unemployment insurance, Union funding, health insurance for workers that business prescribed in the regulations.
DD) transaction costs, brokers, trade promotion, marketing, advertising, meetings according to actual costs incurred on the principle provisions of the corporate income tax law.
e) costs with money include:--taxes, charges and fees under the provisions of the law are charged to production costs of business enterprises;
-Retrenchment, lost their jobs for workers;
-Training of capacity management, skilled workers;
-Improved initiative Award, reward, rewards workers increased productivity and cost savings. Bonus level due to the Director General, the Director of the business decision based on the effect of the work on bringing back but not higher than the cost savings due to work that brings in 1 year;
-Costs for women workers;
-Costs for environmental protection;
-Cost of eating ca for workers;
-Costs for the work of the party organizations in enterprises (the genus outside of party organizations, unions are spending from domestic regulation);
-The expenses with money.
g) debt does not have the ability to recover under the provisions of article 25 paragraph 1; Property value loss as defined in clause 2 of this Decree, article 27.
h) value reserves off the merchandise inventory, debt reserve provision, loss prevention financial investments, maintenance of backup products, goods, construction works quoted under the provisions of article 34 of this Decree, the disparity in rates under long term loan debt balances in foreign currency the cost quoted before the product warranty, the reserves under the provisions of the law with regard to activities in the field of business peculiarities.
I) costs of financial activities, including: expenses related to financial investments outside the business (including the expenses caused by the parties, which have to spend even the losses be divided from the enterprises raising capital); capital values are transferable, interest is charged by the mobilization of capital, the difference in rates, payment discount fees, charges for the rental of the property; redundancy rebates on long-term investments.
2. other costs, including: a hefty sales charges) liquidation of fixed assets including remaining value of fixed assets when liquidation, sale concessions.
b) costs for the recovery of the debt has been wiped for accounting;
c) costs to collect fines;
d) costs of the fines due to breach of contract.
DD) other costs according to the provisions of the law.
3. Not included in the production costs of the trading account has other sources make sure or not related to the production of the following business: a) the cost of procurement of construction, installation of fixed tangible assets, intangible.
b loan interest costs) are calculated into the cost of the investment and construction.
c) other expenses not related to business activities of the company; the account does not have a valid voucher.
d) fines on violating the law no company which by personal causing.
4. for enterprises doing business in the banking, insurance, then the determination of the applicable fees prescribed by the law for this business sector.
Article 37. Cost management
Business must closely manage expenses in order to reduce costs and production in order to increase profits by the following management measures: 1. Construction, and implementation of the technical-economic norms consistent with the technical-economic characteristics, the business lines , organization management, the level of equipment of enterprises. The norms have to be popular to the people who make, publicize for the workers in the enterprises to implement and test, monitoring. The case does not make the quota, increase costs to analyze causes, responsible for processing in accordance with the law. If subjective reason to claim damages. Jurisdiction to decide the level of compensation as defined in clause 2 of this Decree, article 27.
2. for enterprises in the field of business must register with the State, annual rates must report the owners and financial institutions (the Ministry of finance to the central business and financial Facility for local businesses) implementation costs of production and business. To report content analysis, comparison between the implementation and the level of the type of depreciation of fixed assets, the cost of labor, wages, costs of raw, natural, material, cost management of enterprises in which the expenses of advertising, marketing, transaction, other expenses, seating, unknown cause , the responsibility of the collective, the individual with regard to the implementation goes beyond the norm.
3. to organize periodic analysis of the cost of production, the product of the business in order to detect the weak stitching, poorly managed, these factors increase costs, product to have timely solutions.
4. The Director General, corporate directors are responsible for the construction process of the Board members, the Chairman of the company that issued the technical-economic norms; Labor norms; level of financial costs and other costs that match business conditions, operating as a base of operations of the business. Proactive planning to reduce costs match the status and operation of the business.
Article 38. Income distribution of profits of the business after the offset losses the previous year under the provisions of the corporate income tax law, the Foundation for science and technology development under the provisions of the law, corporate income tax, the rest of the profits are distributed as follows: 1. Divide the interest rate for the capital contribution members link under the provisions of the contract (if any).
2. Offset losses of previous years have expiry is deducted from the profit before tax.
3. The profit remaining after subtracting the content specified in the clause 1, 2 of which are distributed as follows: a) 30% to the Fund grow.
b) extract of reward Fund, welfare:-rating business A is taken must not exceed 3 months made for two funds reward benefits;
-B Rating business is taken must not exceed 1.5 months salary made to two funds reward benefits;
-C rating business is taken must not exceed 1 month salary made to two funds reward benefits;
Businesses do not make no rating was established two reward Fund, welfare.
c) Extract of reward fund corporate management officer:-rating business A is taken must not exceed 1.5 months implementation of the business management officer;
-B Rating business is taken must not exceed 12 months of business management officer;
-C rating business or businesses do not make classified cannot extract of reward funds management business officer.
d) enterprises extract two funds reward, benefits that are not enough according to the provisions of point b of this Clause, it shall be reduced by excluding investment funds quoted developed to fund sources of additional rewards benefits, but not exceeding the maximum deductions on the Development Fund in the financial year.
DD) Of the profit remaining after the excerpts set as specified at points a, b, c, d of this Paragraph are filed on the Foundation and development of the business.
4. The enterprise has the larger equity stake than has been approved by the authority, the Ministry of finance have reported the Prime development investment fund transfer of the business of the Fund support organiser and grow the business. Enterprises are responsible for payment of the Fund support organiser and enterprise development during 5 days from the date the decision of the Prime Minister.
The Ministry of Finance shall guide the distribution of profit and development investment fund transfer of the business of the Fund support organiser and grow the business.
Article 39. The purpose of use of funds 1. The Foundation for science and technology development of enterprises: The excerpt creation, management, use of settlement Funds for science and technology development of enterprises under the guidance of the Ministry of finance.
2. investment and Development Funds are used to supplement capital for the business.
3. reward Fund is used to: a) Bonus last year or often on the basis of labor productivity and achievements of each of the officers, employees in the business.
b) unanticipated Bonus for those individuals in the business.
c) reward those individuals and external business units contributing to the business activity, the management of the business.
Bonus levels as specified at points a, b, c of this paragraph by the Director General or Director. This Account should have a private opinion of enterprise unions before deciding.
4. Welfare Fund is used to: a) construction or repair works to the benefit of the business.
b) spent on the activities of the collective welfare of workers in the enterprise.
c) contribute capital to invest in construction of public welfare works in the industry or with other units under contract.
d) use a portion of Welfare Fund to support unexpected difficulties for the workers including the case of retirement, about the loss of jewelry, in difficult circumstances, not helpless or do charity and social work.
The use of welfare funds by Board member or President of the company decided after consultation of enterprise unions.
5. Prize Fund of enterprise management officials are used to reward the Chairman and members of the Board members, the Chairman of the company, the Board Of Directors (Board of Directors), controllers, accounting business. Bonus level due to the owner associated with the decision criteria of this titles and business performance of enterprises, on the basis of the proposal of the Chairman of the Board of directors or President of the company.
6. The extract and use the aforementioned funds must be approved by the owners and made public under the public finance rules, regulation of democracy at the grassroots and State regulations.
7. just be business spending the funds reward bonus Fund, welfare, corporate management officer after full payment of the debts and other assets due to the obligation to pay.
Section 3 FINANCIAL PLANNING, ACCOUNTING REGIME, statistics and AUDITING Article 40. Financial planning 1. Based on the strategic direction, planning production and business development of the enterprise has been approved by the owner, construction business plan business, long-term financial plan consistent with the orientation of the business plan has to be the owner of the decision.
2. Annually, based on the business plan long term, based on the capacity of the business and market needs, building business business plan next year the Board member or President of the company.
3. Base business plan be Council members or the Chairman of the company, the business decision made the assessment of the business situation in the reporting and financial planning for the next year sent the owners, financial institutions before 31 July each year.
4. coordinated owners with financial bodies of the same level to review financial plans by business establishment and official comments in writing to complete business financial planning. Financial planning is complete after the official plan as a basis for owners and financial institutions of the same level of monitoring reviews executive management business activity of the business.
Article 41. Financial statements and other reports 1. End of the accounting period (quarter, year), the enterprise must establish, presentation and submit the financial statements and statistical reports in accordance with the law. Board member or President of the company is responsible for the accuracy, the truthfulness of the report.
Business must perform an audit of financial statements in accordance with the law.
2. The financial report form instructions, time and where to send the report of your business.
Chapter IV IMPLEMENTATION Article 42. Effective enforcement of this Decree has effect as from September 1, 2013.
43 things. Responsible for enforcing and implementation 1. The Minister of finance is responsible for guiding, inspecting, monitoring the implementation of this Decree. Guide to case specific financial mechanism for business activities in the field of lottery, securities trading, securities depository must then be approved by the Prime Minister in writing.
2. Political Organization, social-political organizations can apply this Decree to implement the investment, capital and property management in enterprises by themselves as owners.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, and President of the Council members, the President of the company, Director General, Director of the enterprise by the State holds 100% of the Charter capital and the representative for the State capital to invest in other business is responsible for the implementation of Recommendations this./.
TM. CHÍNH PHỦ
Nguyễn Tấn Dũng