GOVERNMENT DECREE on the establishment of the Vietnam electricity Corporation and issued the Charter of GOVERNMENT Corporation pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the conclusion at the meeting the Government June 1, 1994;
Considering the recommendation of the Minister of energy in the implementation of decision 91/TTg dated 7 March 1994 from the Prime Minister's on the classical laboratory established business conglomerates, the DECREE: Điều1. Established the Vietnam electricity Corporation according to the content of the decision No. 562/TTg dated 10 October 1994 by the Prime Minister.
Article 2. Attached to this Decree, a Charter organization and operation of the electricity Corporation of Vietnam.
Article 3. The Secretary of the Department of energy, finance, government officials, the Governor of the State Bank and the Ministers, heads of ministerial agencies, governmental bodies concerned pursuant to this Charter to guide implementation.
Article 4. The decree is effective as from the date of signing.
The Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities, Management Board and General Director of electricity of Vietnam Corporation is responsible for the implementation of this Decree.
 
CHARTER of ORGANIZATION and OPERATION of the ELECTRICITY of VIETNAM CORPORATION (attached to Decree No. 14/CP dated 27 January 1995 of Holy Government) chapter I GENERAL PROVISIONS article 1. Vietnam electricity Corporation (hereinafter referred to as the Corporation) is the State's largest businesses, including many business users and business units, operating in the nationwide about the business (including the research, survey, design, construction, production, transmission , electrical distribution, manufacture of electrical equipment and spare parts, import & export) and some areas of manufacturing, other services related to the electricity sector.
The Corporation is responsible to develop power industry, organization of production and consumption of electric power needs to guarantee the production and activities consistent with the requirements and strategic orientation of social-economic development of the country and according to the tasks to be assigned by the Prime Minister in each period of the plan.
The headquarter of the Corporation is at the city of Hanoi.
The international name of the Corporation is the ELECTRICITY OF VIETNAM, EVN is abbreviated.
Article 2. The Corporation has a legal personality, seal, open an account at a bank in the country and abroad, organized and operating according to this Charter. The Corporation accounting regimes, General, was created to focus funds as provided by the State. The Corporation is accounting focus the production and transmission of electric energy. The business members of independent accounting, accounting and the business units have legal personality, operate under the laws and regulations Of the company.
Article 3. The Corporation is the State affairs management and use of the Land Fund, to be used on water resources and other natural energy resources to perform the tasks mentioned in article 1 above. The Corporation is responsible for using the land and the resources in the right purpose and in the right the law of the land, resources and the environment.
Article 4. The Corporation is the State capital and asset allocation, mobilization of all domestic and foreign capital under different forms according to the regulations of the State to perform its tasks. The Corporation is responsible for preserving the assigned capital, constantly accumulate capital for development investment, rounded financial obligations for the State. The Corporation must regularly improve the equipment, technology and management to lower production and reduced power losses.
Article 5. The Corporation is the right selection and use of human resources with the tasks of business; create conditions promoting the mastery of workers in production and business and enterprise management, increase productivity and work performance, take care of training and fostering of human resources Of the company, improve the living conditions and working conditions of workers.
Article 6. Structure of the Corporation include: 1. The Board of management. Help the Management Board have the Control Board and the Office.
2. The Director General. Help the General Manager has a number of Deputy Director General, the Office and the functional Committee.
3. The Members Of the company.
 
CHAPTER II MANAGEMENT COUNCIL article 7. The Management Council is the highest decision-making authority in the Corporation. The Management Board is authorized to perform State functions of the State-owner representation for entire corporations under the law and under the Charter, responsible to the State and the Prime Minister.
The members of the Board of management is appointed by the Prime Minister upon proposal of the Minister of energy. Before the proposal, the Department of energy must have written consent of the Minister, head of Government of the Ministry chứcCán Committee.
Article 8. Of the Management Board Of the company consists of 5 members who are dedicated to: the Chairman, A Deputy Chairman, Director General, two members are experts on law, economics, engineering.
Article 9. The Management Board has the following powers and duties:

1. Together with the ceo newsletter before the State resources, land, capital (including debt) State-owned, including fixed assets, and human resources to accomplish the objectives and tasks of the State of affairs for the Corporation;
2. Consideration and approval of capital allocation and rationing of the debt, capital development and conservation projects, financed by the General Director of the proposal; witness the General Director handed back the resources mentioned in paragraph 9.1 for unit members use, conservation and development as the goal to be approved by the Management Board;
3. Monitor, check the General Director and the units make the use, development and conservation of the resources of the State Affairs, the implementation of the resolutions and decisions of the Board of management, law and fulfill the obligation for the State;
4. Through the proposal of the Director General to the Prime Minister approved the strategy, planning, long-term development plan, the 5-year plan of the Corporation; the decision of the annual plans of the Corporation to the Director General to the Member units;
5. The Prime Minister's approval or if the authoritative Prime Minister then decided to joint venture projects with foreign government regulations; the decision of the joint ventures in the country, the economic contract great value. The Prime Minister decided to invest in the project group A; the Minister of industry management decided to invest in the project to the Group B; project investment decision Group c. authorization for the Director General or Director on the browse members business investment projects. Approval of the project organization of production, business management organization of the unit members. In collaboration with the Government, the local unions in the protection of property and the safety of national power;
6. Approved sale of the State's power steering due to the Director General proposed to the Prime Minister. Issuing and monitoring the implementation of the norms, technical-economic criteria, including salary, unit price unit price and quota in construction of specialization, product standards, trademarks, product and service pricing applies in the Corporation as proposed by the Director General on the basis of the General rules of the industry and of the countries;
7. building and the Prime Minister approved the Charter of organization and activities of the Corporation and additional amendment Statute Of the company; validating chartered organization and operation of the unit members and additional amendments Charter members as proposed by the Director General; establish, split, dissolution of the Member units of the Government regulations; the decision to open a representative office, branch of the Corporation in the country and abroad as stipulated by the Government.
The decision of the payroll of the Corporation management and adjusted as necessary according to the proposal of the Director General.
The Prime Minister appointed, dismissed, reward, or discipline Of the Director; the Energy Minister appointed, dismissed, reward, or discipline the Deputy Director as proposed by the Director General; the decision of appointment, dismissal, reward, or discipline members Unit Director as proposed by the Director General;
8. Approves the proposal of the Director General on the establishment and use of the concentrated funds consistent with the business plan and financial plan of the Corporation under the guidance of the Ministry of finance;
9. Through the financial report (including the portion of the property) of the Corporation and of the subsidiaries Of the company and requested the Director General of the financial report of the Corporation under the provisions of the Ministry of finance.
Article 10. The Council is responsible for management of personal and collective before Prime and before the law on the implementation of the tasks assigned. The Chairman and the other members of the Management Board does not complete the task, the wrong decision or authority beyond harm national interests, causing damage to property, capital, resources of the State, the people's property, adversely affect the operation of the Corporation, in violation of the provisions of the State depending on the extent to which the baggage handling heavy or light principal, compensation for damage or prejudice criminal liability under the law.
Article 11. Working mode of Management Board: 1. The term of Management Board members is five years. The members of the Management Board may be appointed. The term of the new members are appointed from the date of appointment.
2. the regular meeting of the Management Board in accordance with the Management Council to consider and decide on these issues in the duties, powers, responsibilities stated article 9 and article 10. At the end of the financial year, the Board of management meetings to review results, through the Control Board's report, the financial report and business plan of the next year.
3. the Management Board may be extraordinary meeting to address the irregular work as Chairman of the Board, or on one half of the members, or the Director General requirements.

4. The Chairman of the Management Council convening and chairing all meetings of the Board, absent unforeseen circumstances then the credentials for the Vice President presided over the session. The meeting was conducted only when at least two thirds of the members of the Board attended.
5. When the Council extraordinary meeting management to consider the problems of strategy development, planning and annual and 5 year plan, major investment projects, joint venture projects with foreign countries, annual financial report, issued the system norms, technical economic standards of the Corporation must then invite the Department of energy and the Ministry of relevant competent representation to attend meetings. The case has important content relevant to local Government to invite the provincial committees representatives attended the meeting. The representative has the right to speech but does not participate in voting; When it detects that the resolutions and decisions of the Board of management have detrimental public benefits has the right to appeal in writing to the Board of management, at the same time reported that his agency heads to review representative, addressed by the authority. Where necessary, the heads of these agencies report Prime.
6. When a Management Council meeting to consider the problems relating to the rights and obligations of officials to suggest the industry unions send representatives authorized to attend. This representative has the right to statements of opinion but did not participate in the voting and have the right to submit an appeal to the Board of management, to the competent State agencies, industry unions and the Vietnam General Confederation of labour if it deems the resolution, Management Council's decision violated the rights and obligations of employees of the Corporation.
7. the management board working under collective regime through resolutions, decided at the session by voting on the principle of the majority members of the Board. The document and the program of the session to be Chairman of the Board of management sent to the members and the representatives invited at least 5 days before the meeting date. The contents and conclusions of the session should be written into documents by all members of the Board of management attended the meeting.
8. Resolutions and decisions of the Board of management with effect for the whole Of the company. The case of the resolution, the decision of the Board of management not coincided with the opinion of the Director General, the Director General is made, at the same time have the right to retain and report in writing to the relevant Minister and the Prime Minister.
Article 12. The Management Board comprises a number of Office and professional staff help the by Chairman of the Board of management options. The payroll office by the Board of management decisions. The cost of operation of the Management Board in charge of the Management Of the company. The Director General used his warrant conditions, facilities required for operation of the Board of management.
Article 13. Control Board: 1. the Management Board established the Control Board to oversee, check financial activities and in the internal business Of the company according to the laws and regulations Of the company. The Council regulation management tasks, the specific powers of the Control Board.
Control Board consisting of 5 people headed by a Management Council Chairman. In addition, two dedicated members of the Control Board is the officer of the Corporation by the Chairman of the Management Board appointed has the agreement of the Executive Committee of the Union industry, a representative of the General Directorate of capital management and State property in enterprises by the General Director and a representative of the Department of energy by the Minister. Two members representing concurrent activity.
2. Control Board members have a term of 5 years. During the operation, a member does not complete the task will be replaced. The term of the new members appointed from the date of appointment.
3. Control Board operating under the program, the task assigned by the Board of management. Control Board Management Board report about results of surveillance activities, check at the request of the Board of management and to propose recommendations to enhance, improve the management of the activities of the Corporation under the Charter and the law.
4. the Board is invited to attend the Committee meetings of the Director General and a number of meetings of the Board of management.
5. Funding activities of the Supervisory Board by the Office of guarantee and the Management Council is part of the funding activities of the society.
 
CHAPTER III GENERAL MANAGER and HELP the article 14.
1. The General Director is the legal representative of all activities of the Corporation and be responsible before the law. The Director General has the right to the highest executive in the Corporation, directly responsible to the State and the Board of management on the effective use of the resources allocated to the Corporation.
2. The Deputy Director-General Director and management credentials, operating one or a number of areas of activity Of the company.
3. The Office and the Board of Professional Affairs staff functions, assisting the Director General in management, Executive jobs.
4. the costs of the Management Of the company (including the cost of operation of the Management Board) are in the accounting section of the accounting Of the company.
Article 15. The Director General is responsible of the following powers:

1. Together with the Management Board receive the resources, land, capital and debt of State-owned, including fixed assets, and manpower to manage use as targets, the State duty given to the Corporation; segment assigned the resources of the State for these service members to use, preserve and grow under the scheme was approved by the Management Board as stated in article 9;
2. Build and process of the Board of management strategy development, planning, annual and 5 year plan, methods of protection and exploitation of the resources Of the company, the project business plan between the units in the Corporation. Issued Executive decisions organizations make strategic, planning, plan, approved projects;
3. Construction of the investment projects, joint venture projects with foreign and domestic, economic contracts worth of big corporations, the project organization of production management organization, business process management through the Council as defined in article 9 (clause 5). Decide the small investment projects. The Organization made the decision;
4. Build to the Management Council issued or to be issued credentials, the technical-economic norms, standard product, unit price, unit price and wage norms in construction, wholesale power prices and the prices in the internal services Of the company, in accordance with the General rules of the industry and of the State. Implement and test the unit members make the decision on the norms, standards, price throughout the Corporation;
5. Recommends the Council to manage the Energy Minister appointed, dismissed, reward, or discipline, Vice President of the Corporation; the Management Board recommended the appointment, dismissal, reward, or discipline members directors. The decision of appointment, dismissal, reward, or discipline the Member unit's Deputy Director and the Director of subdivisions, subsidiaries at the suggestion of the Director of the unit members. The decision of appointment, dismissal, reward, or discipline, the Deputy Head of the Committee, the Office of the Executive apparatus Of the company.
Built to process the Council manage browser payroll management Of the company and scheme to adjust when changes to the Organization and staffing of the Management Of the company and its subsidiaries; directly established and operating management Of company payroll checks, the Manager of the unit members; Browse scheme, new establishment, dissolution of the subdivisions, subsidiaries;
6. the recommendations of the Board of management to adjust capital and resources when distributed to the Member units and adjusted when there is a change in the Mission of the unit members in the form of increased capital reduction. Performing and directing financial companies of the Corporation make the mobilization and lending capital to meet the capital requirements of the company and of the subsidiaries. Issued the decision on the mobilization and use of the funds of the Corporation;
7. The establishment of the Corporation in accordance with the instructions of the Government, the Ministry of finance and the decision of the Board of management, including: a) Development Fund was created from the fundamental depreciation of capital and income reinvested.
Basic depreciation and capital return on reinvested by the accounting business depends are centralized in the Corporation to invest according to the annual plan.
If the Corporation financing the basic depreciation and return on reinvested of independent accounting enterprises pay according to the principle of the loan interest paid, by the Director General of the internal browser authorization of the Board of management and under the guidance of the Ministry of finance.
b science and Research Foundation) training focus to the business units of the Corporation was formed from the production Development Fund of the unit members and funding source and career training from the State budget (if any). In addition, the business units of the Corporation also made the contract training and scientific research signed with enterprises in and outside Of the company to source additional funding for their activities.
c) Reserve Fund, the financial reward Fund, a welfare fund in the Agency Of the company was established under the guidance of the Ministry of finance.
d) health insurance Funds is set up according to the instructions of the Ministry of finance-health.
8. Submission of taxes arising from the business activities due to the centralized accounting Corporation. The Corporation does not have to pay tax revenues for the wholesale electricity revenue internally. The internal operation of the property Of the company shall not pay stamp tax;
9. Build a financial statement (including the portion of the property) of the Corporation, there is a clear delineation of the accounting portion Of the company and the members of the independent accounting to Management Council through the process. Aggregate financial report must be based on the basis of the documents were legitimate Audit Agency confirmed;
10. Given the decision exceeded his authority in case of emergencies (such as natural disasters, fires, pest, trouble) and responsible for the decision, and shall report immediately to the Board of management and the Agency has the authority to resolve.
CHAPTER IV The MEMBER UNITS Of The COMPANY

Article 16. Vietnam electricity Corporation has the unit members are the State-owned independent accounting (financial companies), the State-owned enterprises and accounting of the business units (list given in the appendix to this Charter).
Each Member of the Corporation is organized and operates under separate rules consistent with the provisions of the law, with this Charter, and was approved by the Management Board.
The unit members having legal personality, seal, based, open bank accounts in accordance with the accounting methods are defined in the Charter Of the company and a private Charter of each Member.
Article 17. Independent accounting enterprises of medium companies have the legally binding rights and obligations to the Corporation, just have the autonomy in running the business and financial operations as an independent economic entity, namely: 1. In strategy and development investment : a) the business or organization is authorized to make the development of investment projects under the plan of the Corporation. Business is the Corporation allocated resources to the project.
b) businesses of investment projects, development projects not located in the project by the Corporation directly, but by businesses, financial responsibility.
2. in business activity: construction business and organizations make their plans on the basis of: a) ensure the targets, target, the balance, the level of trading essentially tactical tếkỹ (including the price and the price) of the business fit in with the General Plan of the Corporation.
b) plans to expand its business on the basis of optimal use of all resources that are mobilized and business fit in with the needs of the market.
3. in the financial activities and economic accounting: a business) is received a portion of capital and resources of the State assigned to the Corporation by the Corporation distributed to businesses, including the additional decision of increase or decrease (if available). The enterprises have a duty to make the conservation and development of these resources.
b) business was right to mobilize capital, other credit sources under the law to implement the business plan and its investment and development.
c) businesses formed the basic construction investment fund, the production Development Fund, Fund Awards, Welfare Fund, the reserve fund under the financial regulations of the State. The enterprise has the obligation to republish the submission of contributions and was the beneficiary of the funds Of the company under the provisions of this Charter and by the decisions of the Management Board Of the company.
d) as an independent economic entity, is responsible for closing business taxes and other financial obligations (if any) for the State of the law.
DD) business can be authorized on behalf of the Corporation the Corporation signing and performing the contracts with domestic and foreign clients on behalf Of the company.
4. In the field of organisation, staff and labour: a) the enterprise has the right to suggest the Corporation considered, decided or authorized company decided the Organization, dissolution, merger of the subsidiaries and business management apparatus according to the provisions of the Charter Of the company and your own business rules.
b) depending on the operational requirements, business Members Of the company may establish subsidiaries. The subdivisions of this dependent accounting, a seal under the seal of State enterprises, opening an account at the Bank and signed by economic decentralization and delegation of business Members Of the company.
c) within the framework of staffing is the Corporation, the business was the right selection, layout or use for retrenchment the officer in his management. The appointment or dismissal of the management positions in the air and the unit members comply with the hierarchy outlined in articles 9 (paragraph 7) and article 15 (paragraph 5) of the Charter.
d) business is the right and responsibility to take care of the development of human resources to ensure the implementation of the tasks of production and business and development strategy of enterprise; take care to improve working conditions, living conditions of workers under the Labour Law and the law of the Union.
Article 18. The State Enterprise dependent accounting the Corporation are active in production and business, financial activities, organization and personnel with duties and powers as prescribed for business members independent accounting stated in article 17 (except paragraph 1b, 2b, 3b, and 4b).
The Authority made the account listed above is only valid when the hierarchy and the written authorization of the Corporation.
Article 19. The business units have the Organization and regulation of activity approved by the Director General under the authorization of the Board of management, implementation of internal accounting obtained currency compensate, can be partially supported operating funding from the State budget, is to create revenue from services contract, scientific research and training for the unit in and out Of the company, are the beneficiary fund distribution of rewards and benefits fund as average as for those working in the apparatus of the Corporation.

Article 20. Finance companies are members of the Vietnam electricity Corporation, operating under the law and instructions of the Governor of the State Bank, according to the Charter was approved by management board and under the authority of the General Director of electricity of Vietnam Corporation.
Financial companies the task of raising capital and loan capital to meet the needs of the Corporation and its subsidiaries through the forms: credit loans to Government incentives, the commercial credit of banks and financial institutions in the country and abroad; stocks, corporate bonds, bonds works; buy sell papers, document reviews; idle capital mobilization of employees within the Corporation.
Financial firms make investment projects of the Corporation, make other services according to the provisions of the Statute and the regulation of financial companies. For large projects, the owner directly contracted, financial companies do service functions.
The unit uses capital from financial firms under the rule has the borrower has to pay, made the internal interest rate regime by the financial firm recommendations, General Manager Of the company for approval under the authorization of the Board of management.
Article 21. The business members of the Corporation by the Director of the operating business. The Director is the legal representative of the business before the law, responsible to the Corporation front and State on all activities of the business.
The Business Council was established on the basis of the agreement between the Director of the business-to-business Trade Union Executive Committee under the leadership of the Party Committee of enterprise level.
The Business Council to promote mastery of the officials involved with the Business Director for the measures taken to implement the business plan, investment development, ... of the business; consideration, decided to use the reward Fund and Welfare Fund as proposed by the Director of the enterprise; directing the Board of inspectors supervised workers, check enforcement Business Congress employees, business rules and policies, the laws of the State of the business.
 
Chapter V the PARTY ORGANIZATIONS and UNIONS in the CORPORATION Article 22. The party organizations, unions and the Communist Youth League in the Corporation operates according to the Constitution, the law and under the Charter of the Communist Party and according to the regulations of the central secretariat of the Communist Party of Vietnam, the Vietnam General Confederation of labor, the Executive Committee of the Communist Youth League.
 
CHAPTER VI DISSOLUTION, REORGANIZATION, bankruptcy Article 23. Reorganization and dissolution Of Vietnam electricity company by the Board of management of the Corporation, the Minister of energy review and the Government decided.
Article 24. Vietnam electricity Corporation is dissolved in the event the Government saw no need to maintain this Corporation.
Article 25. Arranging reorganized, merged, dissolved and formed the new unit members of the Vietnam electricity Corporation by the Board of Management Of the company, the Energy Minister of the Prime Minister and the credentials to the Secretary of energy signed the decision.
Article 26. Vietnam electricity Corporation and the subsidiaries Of the company in bankruptcy, then processed according to the order prescribed in the law on enterprise bankruptcy.
 
CHAPTER VII ENFORCEMENT PROVISIONS article 27. This Charter was applied for the Vietnam electricity Corporation. All members of the Vietnam electricity Corporation must comply with the Charter.
The Charter in effect enforced since the decree issued.
Article 28. In the case of the text of the Government's ministries, ministerial agencies, government agencies, provincial people's Committee, central cities and decided to set up the business members have other rules with this Charter shall be interpreted according to this Charter.
Article 29. The members of the Vietnam electricity Corporation pursuant to the Charter of the Corporation to build the organizational Charter and its operation process management board for approval. The Statute of the unit members were not contrary to the Charter Of the company article 30. In the process, the Vietnam electricity Corporation need to sum up the experience of the presence works to propose the Government approve the need for additional amendments in the Charter.
 
ANNEXES (attached to the Charter organization and operations of the Vietnam electricity Corporation) LIST of MEMBERS of the ELECTRICITY of VIETNAM CORPORATION at the TIME of ESTABLISHMENT of the COMPANY. The State enterprise of independent accounting: 1. Power company 1 02. Power company 2 03. Power company 3 04. Power company Hanoi 5. Power company in Ho Chi Minh City. 1 07 electric construction company. 2 08 electric construction company. 3 09 electric construction company. 4 10 electric construction company. The company produced electrical equipment 11. The company surveyed 1 12 power design. Electrical design survey company 2 13. Telecommunications company electricity of 14. Power Financial Corporation.
II. The State enterprise accounting dependency: 1. PHA Lai thermal power 2. Uong bi thermal power 3. Ninh Binh power plant 4. Thu Duc power plant 5. Thermal power 6. BA RIA power plant 7. Hoa Binh hydropower 8. She Falls hydropower

09. Vinh Son hydroelectric plants 10. Tri An hydro power plant. Hydropower Exploitation Dreams 12. Multi Nhim hydroelectric 13. 1 14 power transmission company. 2 15 power transmission company. 3 16 power transmission company. 4 17 power transmission company. The center of national power.
III. other business units: 1. Institute of energy 2. Electric power Information Center 3. Scientific research centre of environmental technology and computer./.