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Decision 2006/148/qd-Ttg Dated: On The Establishment Of The Parent Company-Vietnam Electricity

Original Language Title: Quyết định 148/2006/QĐ-TTg: Về việc thành lập Công ty mẹ - Tập đoàn Điện lực Việt Nam

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Decision on the establishment of the parent company-Vietnam electricity _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on State enterprises, 26 November 2003;
Pursuant to the law of business on November 29, 2005;
Pursuant to Decree No. 153/2004/ND-CP dated 9 August 2004 of the Government on the Organization, management of State-owned companies and convert the State Corporation, independent State companies under the parent company-subsidiary;
Pursuant to decision No. 147/2006/QD-TTg dated 22 June 2006 Prime Minister's approving the pilot schemes form the Vietnam electricity Corporation;
Proposal of the Board Of the company electricity of Vietnam.
 
Article 1 DECISION. Parent company-Vietnam electricity (hereinafter the Vietnam electricity Corporation) on the basis of the reorganized management, executives and some accounting unit depends of the Vietnam electricity Corporation.
1. Vietnam electricity Corporation is the State-owned companies, has legal personality, seal, logo, the Charter organization and operation; Open an account at the State Treasury, Bank under the provisions of the law; are business owners themselves; responsible for inherited the rights and obligations of the Vietnam electricity Corporation.
2. Full name: Vietnam electricity international trading Name: Vietnam Electricity, abbreviated as EVN.
3. Headquarters: No. 18 Tran Nguyen, hoan Kiem district, Ha Noi city.
4. the registered capital of Vietnam electricity Corporation is the equity of the Vietnam electricity Corporation on January 1, 2006, after the audit.
5. Lines of business: Vietnam electricity-electricity industry: production, transmission, distribution and trading of electricity;
-Survey, design, building, construction, maintenance of the electrical works, industrial, residential, public works and telecommunications-information technology;
-Manufacture, repair, testing on electrical equipment and electrical accessories, concrete-steel constructions and materials supply electrical equipment;
-Raw material African mining ore;
-Production of building materials, insulating materials, thermal insulation; labor protection equipment;
-Import and export power, supplies equipment for the electricity sector;
-Marine Transport Ministry of production, business;
-Business hotels, travel;
-Production of consumer goods, beverages;
-Cooperation with foreign labor training;
-Business services: public telecommunications and internet (domestic and international); telecommunications backbone; communication, advertising;
-Business information technology services (research, development, consulting and training) within and outside the country;
-Production, import and export business, supplying materials, telecommunications equipment, information technology;
-The real estate business, office rental;
-Financial and business investment capital in the country and abroad;
-Financial operations, securities, banking, insurance;
-Organization of training of human resources to meet the needs of developing power industry, telecommunications, finance, banking;
-The other lines according to the provisions of the law.
6. the operating and management structure of the Vietnam electricity Corporation, including: a) Board the Vietnam electricity Corporation is the owner of direct representation at the State electricity Vietnam, there is a maximum of 9 members, including the Chairman of the Board and Chairman of the Supervisory Board are dedicated members. Members of the Board are appointed by the Prime Minister upon proposal of the Minister of industry;
b) Control Board by the Vietnam electricity Corporation of the Board appointed by the Vietnam electricity, have up to 12 members, including the Chief of control is a member of the Board;
c) General Director Vietnam electricity due to board the Vietnam electricity Corporation appointed or contracted after being approved by the Prime Minister;
d) Help the General Manager has the Deputy Director and chief accountant by the Board appointed Vietnam electricity as proposed by the Director General;
DD) assisting the Board and the General Director of Vietnam electricity Corporation has offices and the staff functions.
7. The relationship between the parent company-Vietnam electricity Corporation with owners of the State and its subsidiaries, associated companies are carried out according to the laws and regulations in terms of organization and operation of the electricity Vietnam.
The unified Government to manage and organize the implementation of the right, the obligation of the owner for the State electricity Vietnam. The Prime Minister assigned to the Minister, the heads of ministerial agencies, government bodies and the Board of Vietnam electricity made some of the rights of the owner under the provisions of the law.
a) Prime Minister decided:-to approve the objective, strategy, long term planning and business lines of the Vietnam electricity Corporation on the basis of recommendations of the Board of Vietnam electricity Corporation and the opinions of the ministries: industry and planning and investment;
-To approve the Charter, approving amendments and supplements of Vietnam electricity rules according to the recommendations of the Board of Vietnam electricity Corporation and the opinion of the Ministry of industry, finance, investment and planning;
-Reorganized, dissolution, diversifying to own Vietnam electricity according to the recommendations of the Board of Vietnam electricity Corporation and the opinion of the Ministry of industry, finance, investment and planning;
-Appointment of Chairman and members of the Board of Vietnam electricity according to the recommendation of the Minister of industry and the Ministry of Interior's appraisal;
-Approve the appointment or contracted with the General Director of Vietnam electricity according to the recommendations of the Board of Vietnam electricity, the opinion of the Ministry of industry and the Ministry of Interior's appraisal;
-Through the scheme established by the new business Vietnam electricity invested 100% of the Charter capital; the reorganization, transformation, dissolution, bankruptcy business members Vietnam electricity; the Vietnam electricity Corporation to receive new members;
-Approved the investment project of Vietnam electricity, investment projects outside Vietnam electricity under the authority of the Prime Minister's decision under the provisions of the law on investment;
-Decide the investment capital to capital formation and capital adjustments during operation for Vietnam electricity according to the recommendations of the Board of Vietnam electricity Corporation and the opinion of the Ministry of industry, finance, planning and investment.
b) Ministry of industry:-The Prime Minister decided to appoint the Chairman and members of the Board of Vietnam electricity;
-Prime report comments when the Board of the Vietnam electricity Corporation Prime: + target, strategic, long-term planning and business lines of the Vietnam electricity Corporation;
+ Charter, approval of the amendment and supplement the Charter Vietnam electricity;
+ Reorganization, dissolution, diversifying to own electricity Vietnam.
-Monitoring the implementation of the investment project of Vietnam electricity Corporation's jurisdiction under the provisions of the law on investment.
c) Ministry of Finance:-check, monitoring the use of electricity of Vietnam capital; reviews the effectiveness of operations, the management of the activities of the Board of Vietnam electricity;

-Approved financial management regulation electricity Vietnam according to the recommendations of the Board of Vietnam electricity;
-Implement the investment capital to capital formation and capital adjustments during operation of the Vietnam electricity Corporation, after being approved by the Prime Minister.
d) Ministry of the Interior:-appraisal process the Prime Minister appointed the President of the Board, Member of the Board of Vietnam electricity;
-Appraisal process of approval by the Prime Minister to the Board appointed by the Vietnam electricity Corporation, signed a contract with General Manager;
-Guidelines, procedures for appointment, dismissal, resignation, reward, or discipline for the Chairman of the Board, Member of the Board of electricity Corporation in Vietnam.
DD) Ministry of planning and investment: monitoring the implementation of the goals, the tasks to be assigned by the Prime Minister of Vietnam electricity.
e) ministries, ministerial agencies, government agencies implement state management functions in the relevant fields for the Vietnam electricity Corporation;
g) Board the Vietnam electricity Corporation: is the direct representative of State owner in Vietnam electricity Corporation and owner representative for his company the whole investment capital.
The Board of Vietnam electricity:-the construction of the project of the new establishment, reorganization, dissolution, transformation of ownership in the Vietnam electricity Corporation Prime; implemented under the approved scheme;
-Goal decisions, strategic, long-term planning and business lines of Vietnam electricity after being approved by the Government and the Prime Minister of the company by the Vietnam electricity Corporation owns the entire Charter capital;
-To approve the Charter, approval of the amendment and supplement of the Member company by the Vietnam electricity Corporation holds the entire capital;
-Decided to use, investment and working capital adjustments, other resources by the Vietnam electricity invested for the Member companies, but must guarantee the required capital levels as established business or level of capital for the industry, the profession in accordance with the law;
-Decided to use the Vietnam electricity Corporation's capital investment to establish subsidiaries due to electricity Vietnam owns the entire Charter capital but does not exceed the level of capital in the authority the decision of the Board and after the approval of the Prime Minister;
-Approval of the project company's capital contribution by its members to hold the entire Charter capital to establish the new State Corporation, limited liability company, a Member State, the limited liability company the State two external members, industry sectors, geographical areas defined in article 6 of law of State enterprises;
-Decisions or authorize the Director General decided to venture capital contribution projects with foreign investment, foreign investment projects of member companies by themselves hold the entire Charter capital;
-Decide on the appointment, dismissal, resignation, signed the contract, termination of contract, reward, or discipline the Director General after approval by the Prime Minister;
-Check, monitoring the Chairman and members of the Board members, the company President, ceo, Director of the unit members in the performance of their functions and duties in accordance with the law on State enterprises, business law and regulations electricity Vietnam.
8. the organizational structure of the parent company-Vietnam electricity at the time of establishment of the company include:-hydro;
Yaly hydropower company;
-Tri An hydro power company;
-The center of national power;
-Electric power information center;
-The power project management;
-Management of the operating Centre project and the telecommunications industry of electric power.
9. Companies due to electricity Vietnam holds 100% of the capital: a) The limited liability company a member:-limited liability company, a member of the power Tho;
-Limited liability company a member of Phu thermal power;
-Limited liability company a member of Thu Duc power;
-Limited liability company, a member of the Marine power;
-Limited liability company a member of Ninh Binh power;
-Limited liability company a member of Da Nang electricity. b) the company converted into a limited liability company members in 2006-2007:-power company Hanoi;
-Power company in Ho Chi Minh City;
-Dong Nai power company;
-Haiphong power company;
The telecommunications company of electricity.
c) the company reorganized into a company:-electric transmission company, 1;
-2 power transmission company;
-3 power transmission company;
-Power transmission company 4.
10. Companies due to Vietnam electricity holding over 50% of the capital: a) The company:-Permanent hydro Corporation son-Shravan River;
-Cascade hydro Corporation;
-Thermal power joint stock company Hai Phong;
Thermal power joint stock company of Quang Ninh;
-The company produced electrical equipment;
-Electrical engineering joint stock company;
-Electric Corporation of Central;
-Thermal power joint stock company PHA Lai;
-Electric power joint stock company Khanh Hoa.
b) into joint stock companies in 2006-2007:-Multi Nhim hydroelectric company-ham Thuan-multi-Mi;
Dream Falls hydro electric company;
Uong bi thermal power company;
-Ninh Binh power company;
-BA RIA thermal power company;
-Information technology center;
-German company;
-Power engineering consulting company, 1;
-Power engineering consulting company, 2;
-Power engineering consulting company 3;
-Power engineering consulting company 4;
-Power company 1;
-2 power company;
-Power company 3.
11. The affiliate company of Vietnam: electricity-electricity Development Corporation Vietnam;
-Investment joint stock company and developed the Serial power san 3A;
-IQLinks co., Ltd;
-Joint stock commercial bank in Peace;
-Hydro-Electric Corporation of Central;
-Investment Corporation and power development.
12. The business units:-Energy Institute;
-Electric power College;
-Electric power College of Ho Chi Minh City;
-Electric power College Central;
-Vocational training Schools.
13. The Board additional Vietnam electricity subsidiary, affiliate or as specified by law.
Article 2. Implementation: 1. Ministry of industry the Prime Minister decided to appoint the Chairman and members of the Board of electricity Corporation in Vietnam.
2. The Ministry of finance approved financial management regulations of Vietnam electricity according to the recommendations of the Board of electricity Corporation in Vietnam.
3. The Board of Vietnam electricity:-The Prime Minister approved the Charter organization and operation of the electricity Vietnam.
-The Prime Minister approves to appointed or contracted with the General Director of Vietnam electricity.
– The Ministry of finance approved financial management regulation of electricity Vietnam.
Article 3. This decision has the effect after 15 days from the date The report.
The Secretary of the Ministry of industry, finance, planning and investment, labor, invalids and Social Affairs, heads of agencies, steering innovation and enterprise development, the Board Of the company electricity of Vietnam and board the Vietnam electricity Corporation is responsible for the implementation of this decision.