THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No. 38-CP
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Hanoi, April 28,
1997
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No.50-CP OF AUGUST 28, 1996 OF
THE GOVERNMENT ON THE ESTABLISHMENT, REORGANIZATION, DISSOLUTION AND BANKRUPTCY
OF STATE ENTERPRISES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
At the proposal of the Minister of Planning and Investment and the Standing
Board of the Central Steering Committee for the Renewal of Enterprises,
DECREES:
To amend and supplement a number
of Articles of Decree No.50-CP of August 28, 1996 as follows:
Article 1.- To amend and
supplement Items 1 and 3 of Article 2 concerning the statutory capital for the
establishment of a State enterprise into the following:
"1. The statutory capital
at the time of establishing a State enterprise must not be lower than the
highest level of legal capital set for the allowed business lines prescribed in
Appendix No.2 attached to Decree No.50-CP.
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"3. The establishment of a
State enterprise without available statutory capital is strictly forbidden. The
borrowed capital shall not be included in the statutory capital of a State
enterprise, except for the soft loans provided by the State."
Article 2.-
To amend Item 3, Article 3 on the person proposing the establishment of a State
enterprise as follows:
"3. The person proposing
the establishment of a State enterprise is authorized to sign decisions on the
establishment of a number of State enterprises which he/she has founded after
the Prime Minister or a Minister authorized by the Prime Minister has examined
the project and approved it in writing."
Article 3.-
To amend Article 4 on deciding the establishment of a State enterprise as
follows:
"Article 4.- Deciding the
establishment of a State enterprise.
1. After ratifying the projects
on the establishment of State enterpises stipulated in Points a and b below,
the Prime Minister shall decide the establishment of a number of State
corporations and a number of especially important enterprises; the Prime
Minister authorizes:
a/ The Minister of Defense and
the Minister of the Interior to sign decisions on the establishment of a number
of State enterprises directly serving national defense and security;
b/ The Ministers managing
economic-technical branches, the Presidents of the People�s Committees of the
provinces and cities directly under the Central Government to sign decisions on
the establishment of a number of State corporations operating in the form
prescribed in Decision No.90-TTg of March 7, 1994, a number of enterprises with
the statutory capital at the time of their establishment equivalent to the
investment capital of Group A projects as prescribed in Decree No.42-CP of July
16, 1996; the Ministers managing economic-technical branches to sign decisions
on the establishment of member enterprises of State Corporations that have been
set up by decision of the Prime Minister.
2. The Ministers managing
economic-technical branches to decide the establishment of State enterprises
which are members of State corporations set up by decision of the Ministers
authorized by the Prime Minister and the public utility enterprises founded by
themselves.
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4. The Minister of Planning and
Investment shall assist the Prime Minister in examining the projects and giving
written consent to allow the Ministers, the Presidents of the People�s
Committees of the provinces and cities directly under the Central Government to
sign decisions on the establishment of State enterprises not prescribed above
but proposed by the Ministries managing the economic-technical branches and the
Presidents of the People�s Committees of the provinces and cities directly
under the Central Government."
Article 4.-
To amend Item 1, Article 7 on the evaluation of State enterprises as follows:
"1. The person competent to
decide or authorized to decide the establishment of a State enterprise shall
assign an attached organization to assume the main responsibility in processing
the dossiers on the establishment and reorganization of State enterprises. The
Central Steering Committee for the Renewal of Enterprises shall assume the main
responsibility in processing the dossiers proposing the establishment and
reorganization of enterprises set up by the decision of the Prime Minister or
the authorized persons. The Steering Sub-Committees for the Renewal of
Enterprises of the ministries, the People�s Committees of the provinces and
cities directly under the Central Government shall assume the main
responsibility in processing the dossiers on the establishment of enterprises
that have been set up by decisions of the concerned Ministers or Presidents of
the People�s Committees of the provinces or cities directly under the Central
Government or the authorized persons. The person deciding or authorized to
decide the establishment of an enterprise shall have to set up an Evaluation
Council composed of a number of experts about the contents to be evaluated, who
shall together with the Central Steering Committee or the Steering
Sub-Committees for the Renewal of Enterprises examine dossiers which propose
the establishment of enterprises."
Article 5.-
To amend, supplement Items 1 and 2, Article 13 on changes after registering
business as follows:
"Article 13: The Prime
Minister authorizes the Chairmen of the Managing Boards of the corporations
established by the Prime Minister�s decisions:
- To decide to change or add
business lines corresponding to the statutory capital and technological
conditions of each enterprise (except for the business lines subject to the
separate provisions, which must be permitted by the Prime Minister or must have
business licenses),
- To rename the enterprise if
the new name is not contrary to the main business lines of the enterprise and
comply with the guidances of the branches concerned.
After deciding to change the
business lines and the name of the enterprise, the Chairman of the Managing
Board must report the changes to the Prime Minister."
Article 6.-
To add the following Item 3 to Article 17 concerning objects of application:
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Article 7.-
This Decree takes effect 15 days after its signing.
Basing itself on the above-said
contents, the Ministry of Planning and Investment shall provide guidance to the
branches and localities for uniform implementation. At the same time it shall
work out and submit to the Prime Minister for promulgation the regulation on
the naming of enterprises (of various economic sectors), to ensure that the
names of enterprises of the same type in the same locality shall not coincide,
thus preventing the infringement upon the enterprises� ownership right over
their names.
The Ministry of Finance shall
provide guidance on the principles for certifying the statutory capital for the
establishment of State enterprises and promulgate regulations on the financial
regime and procedures for the dissolution of State enterprises in replacement
of the annulled regulations.
The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People�s Committees of the provinces and cities
directly under the Central Government and the concerned organizations shall
have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT THE PRIME MINISTER
Vo Van Kiet