THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No.
81/2015/ND-CP
|
Hanoi,
September 18, 2015
|
DECREE
PUBLISHING OF INFORMATION ABOUT STATE-OWNED ENTERPRISES
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Accounting dated June 17, 2003;
Pursuant to the Law on
Statistics dated June 17, 2003;
Pursuant to the Law on
Enterprises dated November 26, 2014;
Pursuant to the Law on
investment dated November 26, 2014;
Pursuant to the Law on
Management and investment of state capital in enterprises dated November 26,
2014;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Government promulgates a
Decree on publishing of information about state-owned enterprises.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Decree deals with
information, procedures, and responsibility for publishing information about
state-owned enterprises.
Article 2.
Regulated entities
1. Representative agencies of
state ownership (hereinafter referred to as representative agencies).
2. State-owned enterprises.
3. Agencies, organizations, and
individuals involved in publishing of information about state-owned
enterprises.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Enterprises engaged in
finance, banking, insurance, lottery, securities shall publish their
information in accordance with relevant regulations of law and this Decree.
Article 3.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. “State-owned enterprises” are
enterprises whose 100% charter capital is held by the State (hereinafter
referred to as enterprise), including:
a) Single-member limited
liability companies whose 100% charter capital is held by the State being
parent companies of state-owned corporations, state-owned conglomerates;
b) Independent single-member
limited liability companies whose 100% charter capital is held by the State.
2. “working days” are weekdays,
excluding weekends and public holidays prescribed by the Labor Code.
3. “force majeure events” are
events beyond reasonable control state-owned enterprises or events or beyond
the ability of state-owned enterprises to prevent or minimize damage.
Article 4.
Requirements for information provision
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Information published must be
complete, accurate, and timely as prescribed by law. Information shall be
published by legal representatives of enterprises or persons authorized to
publish information. Enterprises and their legal representatives or authorized
persons are responsible for the completeness, timeliness, truthfulness, and
accuracy of information published.
3. In case an enterprise has
more than one legal representative, it shall notify the representative agency and
the Ministry of Planning and Investment, post information about the legal
representative who publishes information on the enterprise’s website or web
portal (the form in Appendix I enclosed herewith).
4. In case the enterprise
publishes its information via an authorized person, it must send a notification
to representative agency and the Ministry of Planning and Investment (the form
in Appendix II enclosed herewith). The person authorized to publish information
must be the person who has the power to sign and append the enterprise’s seal.
5. In case information publish
is inaccurate, the legal representative or the person authorized to publish
information must make a rectification within 24 hours. In case of changes to
published information, the enterprise must submit an explanation to the
representative agency.
Article 5.
Media and method of publishing information
1. Method of publishing
information: paper documents and electronic data.
2. Date of submission is the day
on which documents are received by competent authorities, faxing date, emailing
date, the day on which information is posted on the enterprise’s website or web
portal. Publishing date is the day on which information appears on the media of
information publishing.
3. Information must be simultaneously
published the following media:
a) For enterprises: written
reports, website or web portals or web portals, publications, and other mass
media as prescribed by law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) For the Ministry of Planning
and Investment: information receipt system, website or web portal
(www.business.gov.vn), publications, and other mass media as prescribed by law.
4. Publishing of information on
other mass media shall be prescribed by representative agencies.
5. Reports and other
publications of enterprises, Control Boards, controllers, representative
agencies shall comply with regulations of representative agencies.
Article 6.
Language of published information
Language of published
information is Vietnamese. In case published information has to be translated
to another language, the information must be published in both Vietnamese
language and the other language.
Article 7.
Suspension of information publishing
1. In case information cannot be
published on schedule because of some force majeure event, the enterprise must
send a report to the representative agency and publish information right after
the end of the force majeure event.
2. The suspension of information
publishing must be announced on the enterprise’s media of information
publishing (website or web portal, publications); the enterprise must send a
report on the causes of suspension to representative agency. The enterprise
must send the notification of suspension of information publishing to
representative agency within 05 working days from the end of the force majeure
event.
3. The representative agency
must verify and consider granting an approval for suspension of information
publishing within 05 working days from the receipt of the notification and
information the Ministry of Planning and Investment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In case published information
has to be adjusted, the enterprise shall update Circular on its website or web
portal within 05 working days after the adjustments are approved. The
enterprise shall inform representative agency and the Ministry of Planning and
Investment of adjustments to published information within 05 working days after
such adjustments are approved in order to publish information as prescribed in
Article 10 of this Decree.
Article 9.
Protection and retention of information
Published information must be
retained on the enterprise’s website or web portal for at least 05 year.
Enterprises publishing information must protect and retain information as
reported and published as prescribed by law.
Chapter II
Article 10.
Information to be periodically published
1. Every enterprise must
periodically publish the following information:
a) The enterprise’s development
strategy;
b) The enterprise’s 5-year
business and investment plans;
c) The enterprise’s annual
business and investment plans;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Reports on fulfillment of
public and social duties (if any);
e) Reports on annual
restructuring and innovation of the enterprise;
g) Reports on the enterprise’s
administration and organizational structure;
h) The enterprise’s biannual and
annual financial statements;
i) Reports on the enterprise’s
wage and bonus regime.
2. With regard to strategies,
business or investment plans that are important, related to or affecting
national security and secrets, or business secrets, the enterprise shall
request representative agency to decide which information to be published in
order to avoid misuse of regulations on secret information to limit the
openness, transparency of the enterprise’s business and investment plans.
3. The representative agency,
the Board of members, or President of the company has the responsibility to
examine and approve published information of state-owned enterprises to ensure
openness, transparency, and promptness of published information.
Article 11.
Publishing of the enterprise’s development strategy
1. Every enterprise has the
responsibility to formulate and submit its development strategy to the
representative agency by September 30 of the first year of the strategy. The
strategy contains some basic information such as: viewpoints, development
orientation, targets, solutions. The representative agency shall approve the
enterprise’s development strategy by December 31 of the first year of the
strategy.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The representative agency
shall publish the enterprise’s development strategy on its website or web
portal within 05 working days from the day on which the strategy is approved.
4. The Ministry of Planning and
Investment shall publish the enterprise’s development strategy on
www.business.gov.vn within 05 working days from the day on which the strategy
is received.
Article 12.
Publishing of the enterprise’s 5-year business and investment plan
1. Every enterprise has the
responsibility to formulate and submit its 5-year business and investment plan
to the representative agency by September 30 of the first year of the plan
according to Appendix III enclosed herewith. The representative agency shall
approve the enterprise’s 5-year business and investment plan by December 31 of
the first year of the plan.
2. Within 05 working days from
the day on which the enterprise’s 5-year business and investment plan is
approved by the representative agency, the enterprise shall publish it on the
enterprise’s website or web portal, and send it to the Ministry of Planning and
Investment for publishing as prescribed.
3. The representative agency
shall publish the enterprise’s 5-year business and investment plan on its
website or web portal within 05 working days from the day on which it is
approved.
4. The Ministry of Planning and
Investment shall publish the enterprise’s 5-year business and investment plan
on www.business.gov.vn within 05 working days from the day on which the plan is
received.
Article 13.
Publishing of the enterprise’s annual business and investment plan
1. Every enterprise has the
responsibility to formulate and submit its annual business and investment plan
to the representative agency according to Appendix III enclosed herewith.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The representative agency
shall publish the enterprise’s annual business and investment plan on its
website or web portal within 05 working days from the day on which it is
approved.
4. The Ministry of Planning and
Investment shall publish the enterprise’s annual business and investment plan
on www.business.gov.vn within 05 working days from the day on which the plan is
received.
Article 14.
Publishing of the reports on implementation of the annual business plan and
business plans of the last 03 years
1. Every enterprise must make a
report on implementation of the annual business plan and business plans of the
last 03 years according to Appendix V enclosed herewith. The report must
contain comments and analysis of implementation of the plans, the enterprise’s
performance by the reporting time, and solutions for maintaining and improving
the enterprise’s performance in the next year.
2. The enterprise shall publish
the report on its website or web portal, send it to the representative agency
and the Ministry of Planning and Investment by June 20 of the year succeeding
the reported year.
3. The representative agency
shall publish the report on its website or web portal within 05 working days
from the day on which it is received from the enterprise.
4. The Ministry of Planning and
Investment shall publish the report on www.business.gov.vn within 05 working
days from the day on which it is received.
Article 15.
Publishing report on fulfillment of public and social duties (if any)
1. Every enterprise must make a
report on fulfillment of public and social duties according to Appendix VI
enclosed herewith. The enterprise shall publish the report on its website or
web portal, send it to the representative agency and the Ministry of Planning
and Investment for publishing as prescribed by June 20 of the year succeeding
the reported year.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The Ministry of Planning and
Investment shall publish the report on www.business.gov.vn within 05 working
days from the day on which it is received.
Article 16.
Publishing of annual report the enterprise’s restructuring and innovation
1. Every enterprise must make an
annual report on restructuring and innovation of the enterprise according to
Appendix VII enclosed herewith. The report must contain analysis, assessment of
the enterprise's restructuring and innovation, plan for restructuring in the
next year, estimation of completion, and solutions for meeting the schedule
according to the plan approved by the Prime Minister.
2. The enterprise shall publish
the report on its website or web portal, send it to the representative agency
and the Ministry of Planning and Investment by March 31 of the year succeeding
the restructuring year.
3. The representative agency
shall publish the report on its website or web portal within 05 working days
from the day on which it is received from the enterprise.
4. The Ministry of Planning and
Investment shall publish the report on www.business.gov.vn within 05 working
days from the day on which it is received.
Article 17.
Publishing report on the enterprise’s administration and organizational
structure
1. Every enterprise must make a
report on the administration and organizational structure of the enterprise
according to Appendix VIII enclosed herewith. The enterprise shall publish the
report on its website or web portal, send it to the representative agency and
the Ministry of Planning and Investment by June 20 of the year succeeding the
reported year.
2. The representative agency
shall publish the report on its website or web portal within 05 working days
from the day on which it is received from the enterprise.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 18.
Publishing of the enterprise’s financial statements
1. Every enterprise must
biannual and annual financial statements according to Appendix IX enclosed
herewith. The enterprise shall publish the biannual and annual financial statements
(audited) on its website or web portal, send them to the representative agency
and the Ministry of Planning and Investment by August 15 of the reported year
for biannual financial statements and May 31 of the year succeeding the
reported year for annual financial statements.
2. The representative agency
shall publish the biannual and annual financial statements on its website or
web portal within 05 working days from the day on which they are received from
the enterprise.
3. The Ministry of Planning and
Investment shall publish the biannual and annual financial statements on
www.business.gov.vn within 05 working days from the day on which they are
received from the enterprise.
Article 19.
Publishing of the enterprise’s wage and bonus regime
1. Every enterprise must make a
report on its wage and bonus regime according to Appendix X enclosed herewith.
The enterprise shall publish the report on its website or web portal, send it
to the representative agency and the Ministry of Planning and Investment by
March 31 of the year succeeding the reported year.
2. The representative agency
shall publish the report on its website or web portal within 05 working days
from the day on which it is received from the enterprise.
3. The Ministry of Planning and
Investment shall publish the report on www.business.gov.vn within 05 working
days from the day on which it is received.
Chapter
III
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 20.
Information to be extraordinarily published
Every enterprise must report to the
representative agency and publish extraordinary information in any of the
events mentioned in Clause 1 Article 109 of the Law on Enterprises dated
November 26, 2014.
Article 21.
Procedures and responsibility for extraordinary publishing of information
1. In any of the events
mentioned in Clause 1 Article 109 of the Law on Enterprises, the enterprise
must publish information on its website, web portal, or publications (if any),
and post it at the enterprise’s headquarters and business locations. Extraordinary
information shall be reported to the representative agency and the Ministry of
Planning and Investment within 24 hours, and published within 36 hours from the
occurrence of the event.
2. The representative agency
shall publish extraordinary information of the enterprise on its website or web
portal right after the enterprise’s report is received.
3. The Ministry of Planning and
Investment shall publish extraordinary information of the enterprise on
www.business.gov.vn right after the enterprise’s report is received.
Chapter IV
IMPLEMENTATION
Article 22.
Organization of information publishing
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The Board of members or
President of the company has the responsibility to formulate the enterprise’s regulations
on information publishing in accordance with this Decree, which specify the
power and duties of relevant individuals and departments, then submit a report
to the representative agency.
b) Within 06 months from the
effective date of this Decree, the enterprise must establish, maintain a
website or web portal, ensure publishing of information as prescribed by this
Decree. The enterprise’s website or web portal must have a separate page for
information publishing, including the enterprise’s charter, regulations on
enterprise administration (if any), list of the Board of members, President,
the Control Board, controllers, General Director/Director, Deputy General
Directors/Deputy Directors, and information to be periodically and
extraordinarily published as prescribed by this Decree.
2. Representative agencies have
the responsibility to:
a) Receive and publish
information as prescribed by this Decree. The website or web portal of the
representative agency must have a separate page for enterprises’ published
information. Representative agencies must publish enterprises’ information
punctually and ensure accessibility of published information.
b) Inspect, supervise
information publishing by enterprises under their management in accordance with
this Decree.
3. The Ministry of Planning and
Investment has the responsibility to:
a) Maintain the web portal
www.business.gov.vn; ensure the receipt and publishing of enterprises’
information as prescribed by this Decree. The web portal must have a separate
page for published information of enterprises;
b) Consolidate and publish
information of enterprises on www.business.gov.vn; ensure accessibility of
published information. Apart from information published in writing, published
information of enterprises shall be sent to the email info@business.gov.vn.
Article 23.
Penalties
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Representative agencies shall
issue warnings to enterprise managers who commit violations such as: fail to
publish information, fail to publish information on schedule; publish
untruthful information;
b) Enterprises who violate
regulations on information publishing of this Decree shall incur administrative
penalties according to the Government's Decrees on penalties for administrative
violations against regulations on planning and investment;
c) In case an enterprise’s
violation against regulations on information publishing of this Decree makes
the representative agency unable to provide prompt guidance, which leads to bad
performance of the enterprise and loss of state capital, the representative
agency shall consider reducing wages, lay off the enterprise manager, or
request a competent authority to initiate criminal prosecution.
2. The representative agencies
is responsible to the Government for failure to supervise, inspect information
publishing of enterprises according to this Decree; failure to openly and
promptly publish periodic and extraordinary information of the enterprises
under their management on their websites.
3. The Ministry of Planning and
Investment shall post the list of enterprises that fail to publish information
in accordance with Decree and enterprises that fail to publish information up
to 20 working days behind schedule on www.business.gov.vn, notify their
representative agencies, and submit the list to the Prime Minister.
Article 24.
Effect
This Decree comes into force
from November 05, 2015.
The Prime Minister’s Decision
No. 36/2014/QD-TTg dated June 18, 2014 on publishing of information of
state-owned single member limited companies is annulled from the effective date
of this Decree.
Article 25.
Responsibility for implementation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Representative agencies shall
urge enterprises to comply with regulations on information publishing of this
Decree. Difficulties that arise during the implementation of this Circular should
be reported to the Ministry of Planning and Investment for consideration.
3. Ministries, the People’s
Committees of provinces, state-owned enterprises, relevant organizations and
individuals are responsible for the implementation of this Decree.
4. Subsidiaries wholly owned by
state-owned corporations shall publish information in accordance with this
Decree.
5. The Ministry of Planning and
Investment shall supervise other Ministries, regulatory bodies, local
governments, state-owned corporations implement this Decree, submit annual
reports on information publishing of state-owned enterprises to the Prime
Minister as prescribed./.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung