The decision on issuing regulations governing the management and use of money selling shares and the return of shares of the State MINISTER of FINANCE pursuant to Decree No. 15/CP on May 2-3-1993 of the Government regulation duties, powers and responsibilities of the State management, ministerial bodies;
Pursuant to Decree No. 175/CP on 28-10-1994 the Government's functions and organization of the Ministry of finance;
Pursuant to Decree No. 28/CP on 7-5-1996 of the Government on the transfer of some State enterprises into joint-stock companies;
At the suggestion of the General Director of the Bureau of management of capital and State assets in enterprises;
 
Decision: article 1. Attached to this decision the temporary regulation on management, use of money selling shares and the return of the State.
Article 2. This decision takes effect 15 days from the date of signing. Ministries, ministerial agencies, Government-affiliated agencies, the provinces and cities under central Government are responsible for coordination with the Finance Ministry to enforce the decision.
Article 3. The System Of capital and property management Department at the State Enterprise responsible for disseminating the guide business management regulations, using money selling shares and the return of shares of the State are attached to this decision.
 
REGULATIONS, USE of MONEY SELLING SHARES and the RETURN of SHARES of State (attached to decision No. 12/1998/QD/BTC of the Minister of Finance) a. GENERAL PROVISIONS article 1. These rules guide the management, using the money to sell the State's stake in the performance of equitizing State-owned enterprises and the return on the State's stake in the company to which the State contributed capital.
Article 2. In this regulation the terms below are interpreted as follows: 1. The money to sell the State's stake: is the amount of money collected by selling part or all of the value of State-owned enterprises when performing holdings or sale of shares by the State in joint stock companies.
2. Shares of stock are: State by State on hold in the State Enterprise holdings are independent; by the State participated in founding a joint stock company; by the State bought from the company.
3. Shares of State enterprises is the stake: due to State enterprises to retain in the company when equitizing a division of business; because the State enterprises involved founding company; because the State enterprises to buy from the company.
4. The return of shares to the State: is the number of the return to be divided from the corresponding joint stock company with the State's stake in the company.
5. The return on shares of business: is the number of the return is split from company corresponds to the number of shares of State-owned enterprises in company shares.
Article 3. Money selling shares and the return of shares of the State called the source currency holdings to be paid into the State Treasury where the business headquarters and focused on your account "income shares" at the Central Treasury by the Minister of finance is the account owner for use on the purpose : jobs, social policy implementation for the extra labor and complemented the capital for SOE should be consolidated and developed priorities, not used on purpose often genera of the State budget. Each economic sector Manager-Engineering (hereinafter referred to as the logical sectors), PPC, central cities (hereafter referred to as PPC), State Corporation by the Prime Minister decided to operate in accordance with decision 91/TTg dated 7 March 1994 from the Prime Minister's (hereinafter referred to as the total 91 companies) will have a private account details to collect source currency holdings by enterprises subordinated to the Minister of finance as a base the decision to use revenue shares for each Ministry, local.
Article 4. The Ministry of industry management, PPC, 91 Corporation is responsible for tracking the sources of capitalization of the business by the PPC and Total 91 companies manage to do the base planning use revenue shares turned in an efficient manner.
Article 5. Businesses have a responsibility to use the correct capitalization revenue approved purposes, settlement under current rules sent the Ministry of finance and is subject to the checks, monitoring and administration of State assets in the business.
 
B. SPECIFIC PROVISIONS article 6.
1. Sources of currency holdings include: the sale of State shares of Money when making holdings are fully pay into the Treasury Headquarters Enterprise place according to the provisions in clause 1, section II c of the second Section circular No. 50TC/TCDN on 30-8-1996 of the Ministry of Finance shall guide the implementation of Decree No. 28/CP on 7-5-1996 of the Government on financial matters , the sale of shares and stocks in the transfer of some State enterprises into joint stock companies. When shareholders pay buy bear shares of joint-stock companies, the State has the responsibility to pay the money into the Treasury paper attached to the proposed payment, joint stock companies are not using this money on anything.
The return on shares of State: responsible Corporation extract filed into the Treasury, where the company headquarters at the same time divided by the return of shares to the other shareholders of the company, and report to the Agency the State capital owners to follow.
2. total capital and property management Department at the State enterprise is responsible for tracking the urge sale paid deferred stock, the return on shares of State and reports the Finance Minister handles the case of violation of this regulation.
Article 7. Source currency holdings are managed for use on the following purposes: 1. Retrenchment for the voluntary termination of the labor contract when implementing business holdings.
2. training for young workers have the ability to grow long when converting to stock companies but improper use of career training.
3. Investment in technological innovation, enhance the production capacity, strengthening the financial capacity for the State enterprises should be strengthened and development priorities.
4. Which formed the new company, to purchase shares of the company are capitalization or other joint stock companies.
Article 8. Procedure, jurisdiction retrenchment for the voluntary labor do not work when implementing business holdings: 1. Workers in enterprises holdings made the resignation shall be used to source currency holdings to address retrenchment under the labor law, and Decree No. 197/CP on 31-12-1994 Government of detailed rules and guidelines the implementation of some articles of the labor code on wages.
2. List of the resignation, the amount of subsidy for each person was established together with the project of equitizing State enterprises.
3. for workers is still not over 5 years to retirement age that have unpaid vacation aspirations, the State will use the proceeds of holdings to the level for this labor BHXH; level level by 20% calculated on the salary at the time of unpaid vacation workers. When eligible retiring employees to retirement made BHXH.
4. The list of those who would break no salary and use the recommended amount of money selling shares to grant BHXH was created simultaneously with the project of equitizing State enterprises.
5. after holdings done business operations according to the corporate law, the Chairman of the joint stock company check and mailed to the official list please retrenchment or level of social insurance for those who would break no salary to the Ministry of finance to apply for grant money from the source currency holdings to spend on workers.

6. Based on a list by the Chair of the Board is submitted, after review and compare with the current regime, the Ministry of finance decision and transfer money to your account from the joint stock company "grossed holdings" in the Treasury to pay JSC retrenchment or paid social insurance for workers.
7. Chairman, Director of the company is responsible for managing the funds and pay the right audience was browsing and settlement under the current regime sent the Ministry of finance.
Article 9. Procedure, the authority uses the source currency holdings to improve training for young workers, capable of long-term development: 1. perform business holdings based on employer needs and aspirations of each person make a list of these younger workers (under age 40 for men , under the age of 35 for women) but have to retrain workers, to then go back to company work. The list was created after construction finished business holdings and projects identified industry need improving, the field name, the time that employees will train again.
2. After the company went into operation, the Chairman of the check list and based on the revenues of the business holdings have filed into the Treasury, send the above list suggestion up PPC (for business by PPC decided to move State enterprises into joint stock companies) or the Ministry of industry management (for business because The decision transfer of State enterprises into joint stock companies), or the Chairman of the company's total 91 (for business is a Member Of the company 91) to review the opinion.
The Minister of industry management, Chairman, Chairman of the Board Of 91 companies based on the holdings of the revenue, or the Corporation proposed comments and sent the Minister of finance to review the decision.
3. source basing currency holdings of the Ministry, the Department or Corporation, 91, based comments by Secretary of the Ministry, Chairman, Chairman Of 91 companies, the Minister of finance decides to use the money to sell the shares for the training of workers.
4. Based on the actual number of people on the field workers, the Ministry of finance will transfer money from account currency holdings on account of the market according to the costs of the annual training budget to apply to the school by the Central and local management.
Article 10. Procedures and authority to use the source currency holdings to supplement capital for State enterprises: 1. State enterprises should be priority in strengthening and developing the used source currency holdings to add more capital.
2. Soe would like to use the source currency holdings have to clear financial situation reports, the project using the source currency holdings to improve technology, expand production ... sent to the Ministry of industry management (for business by the Ministry decided to set up) or the Chairman of the company's total 91 (for the Members Of the company 91) to report.
3. Based on the amount of capitalization in the industry management, PPC management, Corporation or the Minister, Chairman, Chairman Of 91 companies review and comments suggested the Finance Minister to decide.
4. Based on the effectiveness of the scheme, the number of holdings in the sector management, PPC or 91 Corporation management and the opinion of the Authority set forth in paragraph 3 of this article, the Minister of finance decides for SOE use revenue shares of State and do the procedure transfer money from your account in the Treasury to the account of the business according to the progress of the project.
5. State enterprises should use the correct capitalization proceeds as approved schemes and must report on the use of the funds with the Ministry of Finance according to the current mode.
Article 11. Procedures, competent to decide, which established a joint stock company: 1. Based on the likely development of each, ability to attract labor and collect number of holdings of the Ministry of industry management, PPC or 91 Corporation management, Minister, Chairman, Chairman of the Board Of 91 companies charge for 1 unit do founders building Project Professional Corporation established under current rules.
2. After the establishment of the project company are; the Ministry of industry, PPC management, the BOARD Of 91 companies have written recommendations to the Minister of finance decides to use capitalization to earnings, which established a joint stock company accompanied the project established a joint stock company and paper certified by the Treasury about its currency holdings remain at the Treasury.
3. After reviewing the effectiveness of the schemes, the ability to attract the number of extra labour by implementing holdings and holdings revenue sources at the Treasury, the Secretary of the Ministry of finance will order the transfer money from account currency about the holdings in treasuries to the accounts blocked (as defined in clause 5 Article 32 of the law on companies) by the founder to open.
4. in case of non-joint stock company was established, the unit is responsible for transfer of founders charged to account revenues on the holdings at the Treasury Department, the city of money that the Treasury had moved into account blocked and reported the Finance Ministry to keep track.
 
C. IMPLEMENTATION article 12. The State Treasury is responsible for opening the account currency about the capitalization of the Minister of finance and the terms of each Ministry, 91 Corporation and local to track the source of currency holdings of each industry Manager, PPC and 91 Corporation. Monthly notice of budget management, capital management and administration of State property in the business of collecting about holdings of each locality, and 91 Corporation.
Prohibits the State Treasury to transfer money from the account currency about capitalization when his Finance Minister.
Article 13. The total capital and property management Department at the State of responsible business: 1. To help the financial system Minister for State Administration about its collection and use of revenues the State's holdings.
2. Monitor, check the option use revenue shares of enterprises, suggested the comments with the Minister of finance the scheme using the source currency holdings and the processing measures in violation of the business when filed and use revenue shares.
3. Pursuant to the decision of the Minister of finance, General Department of capital management and State assets in Enterprise spending credentials from the account "income capitalization" transferred to the beneficiaries the source currency holdings.
4. Quarterly and year end report to the Minister of Finance on the situation using the source currency holdings, at the same time notify the Service managing the State budget for the record collector-ceasing on the State budget.
Article 14. This regulation takes effect after 15 days from the date of signing and applied uniformly throughout the country, replacing the regulations attached to decision No. 1256TC/TCDN dated August 13-12-1995 of the Ministry of finance.
Ministries, ministerial agencies, government agencies, the provinces and cities under central responsibility to guide the implementation of this regulation.
In the process of implementing this regulation if there are difficulties and obstacles the ministries, provinces, cities and enterprises need timely reflection with the Finance Ministry to study the resolution.