Thursday , July 29 2021

Officially, there are regulations regarding the transfer of companies to the State Capital Management Committee – VnEconomy



Prime Minister Nguyen Xuan Phuc has just signed a decree concerning the issuance of regulations concerning orders, procedures and documents transferring the rights and responsibilities of the state capital representative office in the company to the DPR Water Capital Management Committee at the company.

Transfer the status quo

Thus, the subject to be transferred is one-member limited liability company with 100% charter capital owned by the State and capital invested by the State in the following companies: private and state capital business; Vietnam Oil and Gas Group; Vietnamese Electricity; Vietnam Petroleum Group; Vietnam Chemical Group; Vietnam Rubber Industry Group; Vietnam Mineral and Coal Company Group; Vietnam Shipments and Telecommunications Groups.

Along with that is MobiFone Telecommunications Corporation; Vietnam Tobacco Company; Vietnam Airlines Corporation; Vietnam National Shipping Lines; Vietnam Railroad Company; Vietnam Expressway Investment and Development Corporation; Vietnam Airports Corporation; Vietnam Coffee Corporation; Southern Food Corporation; Northern Food Corporation; Vietnam Forestry Corporation; Other companies as decided by the Prime Minister.

Submit documents relating to the rights and responsibilities of the representative office of state capital ownership from transfer to the Commission in accordance with the principle of transferring the original status to each transfer company, part of the state capital transfer.

Data from handover documents are data from the company's quarterly and annual financial statements, which are made up to the time of transfer in the duration of transfers based on the provisions of Decree No. 131/2018 / ND-CP; Data personnel are company managers, controllers, representatives of state capital in companies that exist at the time of transfer.

The transfer process must ensure the principle of assigning corporate management responsibilities in the transition process as stipulated in Article 3 of Decision 131/2018 / ND-CP from the Government, savings; This will inherit the schedule for setting up, transforming and restructuring the company's capital; There is coordination between parties to deal with problems that arise during and after the transfer process in accordance with the law.

For state-owned state or state capital transferred, the transferred content must include the results of the work carried out related to corporate equity and the transfer of state capital in the company. The committee must direct the company to continue the remaining work steps of the equalization process and the order of the transfer of state capital in accordance with the regulations.

Company managers, controllers and representatives of state capital at the time of transfer must continue to carry out their functions, duties and powers in accordance with the legal provisions during the transfer. delivery.

The Committee will, in coordination with the transfer, have the responsibility to ensure the benefits of salaries and bonuses to representatives of the State's capital and control of the sources paid by the company in the transfer process. . The transfer agent must determine the general balance of salaries, rewards, bonuses and other interests of the representatives of state capital and supervisors paid by the company until the signing of the minutes. transfer to the Commission for receipt, management and use in accordance with regulations.

Make delivery within 45 days

The decision states that the transfer is the head or deputy head authorized by the head of the transfer agent in writing. The transferee is chairman of the State Capital Management Committee in the company or authorized representative in writing.

During the transfer, the transferor must be responsible for carrying out the transfer of work steps so that the Commission will receive the rights and responsibilities of the owner's representative office within 45 days. since the effective date of Decision 131/2018 / ND-CP.

In the course of a transfer, in the case of force majeure due to natural disasters, fire, violence or strike, the transferor must base himself on the practical situation to overcome the consequences and report to the Prime Minister to decide the deadline for transfers. delivery.

In cases where due to objective conditions and circumstances of change in State regulations, transfers cannot be made within the time limit stated above, the transfer agent must immediately report the matter to the Prime Minister for consideration and decision. This is permitted to extend the time but not exceeding 30 days from the transfer expiration date specified above.


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