THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
103/2006/QD-TTg
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Hanoi, May 15, 2006
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DECISION
APPROVING THE SCHEME ON EXPERIMENTAL FORMATION OF VINASHIN
GROUP
THE PRIME MINISTER
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on
State Enterprises;
Pursuant to the June 12, 1999 Enterprise Law;
Pursuant to the Government's Decree No. 153/ 2004/ND-CP
of August 9, 2004, on organization and management
of state corporations and transformation of state corporations and independent state companies after the
parent-subsidiary company model;
Considering the proposal of Vietnam
Shipbuilding Industry Corporation's Managing Board,
DECIDES:
Article 1.- To approve the scheme on experimental formation
of VINASHIN Group with the following contents:
1. To form, on the basis
of restructuring and reorganizing Vietnam Shipbuilding Industry Corporation, VINASHIN
Economic Group under multiple ownership with state ownership playing the
dominant role, consisting of enterprises with 100% state capital and
enterprises under multiple ownership (hereinafter referred to as VINASHIN
Group); having modern technologies and management and high specialization;
doing multiple business lines with ship building and repair and ocean shipping
being principal business lines; closely combining production and business with
science, technology, research and development, and training; acting as the core
for Vietnam's shipbuilding industry to develop fast and sustainably, and
effectively compete and integrate in the world economy.
2. The relations between
VINASHIN Group's parent company and state owners, subsidiary companies and
associated companies shall comply with the provisions of law and the Charter on
organization and operation of the parent company.
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3. The parent company,
Vietnam Shipbuilding Industry Group, is a state company. It shall function to make
financial investment in other enterprises, dominate its subsidiary companies
through capital, technologies, brands and markets, and organizes principal
production and business lines of VINASHIN Group.
The parent company shall
be composed of:
- The Shipbuilding
Industry Consultancy and Design Company;
- The Information and Control Technique Company;
- Vinashin Import and
Export Company;
- Vinashin Industrial
Development Company;
- The Southern
Shipbuilding Industry Investment and Development Company;
- The Center for Foreign
Cooperation in Labor Training;
- The Information Technology Center.
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- Nam Trieu Shipbuilding
Industry Corporation;
- Bach Dang Shipbuilding
Industry Corporation;
- Saigon Shipbuilding
Industry Corporation;
- Dung Quat Shipbuilding
Industry Corporation;
- VINASHIN Financial
Corporation;
- VINASHIN Investment and
Construction Corporation formed on the basis of reorganizing Vietnam Shipbuilding Industry Corporation's
member enterprises engaged in investment and construction;
- VINASHIN Transport Corporation formed on the basis of
reorganizing Vietnam Shipbuilding Industry Corporation's member enterprises
engaged in transport;
- VINASHIN Heavy Industry
Corporation formed on the basis of reorganizing Vietnam Shipbuilding Industry Corporation's member enterprises
operating in satellite industries for shipbuilding.
The management of each of the above corporations shall be
composed of the corporation president, the general director, deputy general
directors, the chief accountant and an assisting apparatus. The corporation president shall be appointed by
VINASHIN Group president.
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- Ben Kien Shipbuilding
Industry One-Member Limited Liability Company;
- Pha Rung Shipbuilding
One-Member Limited Liability Company;
- Ha Long Shipbuilding
One-Member Limited Liability Company;
- Da Nang Shipbuilding
One-Member Limited Liability Company;
- Nha Trang
Shipbuilding Industry One-Member Limited Liability Company;
- Saigon Shipbuilding and Maritime Industry One-Member
Limited Liability Company;
- Soai Rap Shipbuilding Industry Company (newly established).
6. Joint-stock companies
which have over 50% of their charter capital owned by Vietnam
Shipbuilding Industry Group shall include:
- The Transport Investment and Trading Company;
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- Vinashin Refrigerating
Technology Joint-Stock Company;
- Vinashin Engineering and Technology Joint-Stock Company;
- Truong Xuan Shipbuilding
Industry Joint-Stock Company;
- Vinashin Communication, Control and Computer Joint-Stock
Company;
- Hai Long Shipbuilding
Industry Joint-Stock Company;
- Hoang Anh Shipbuilding
Industry Joint-Stock Company;
- Shinec Shipbuilding
Industry Joint-Stock Company;
- The Shipbuilding Industry Joint-Stock Company;
- Vinashin Construction
Joint-Stock Company;
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- Vinashin Waterway Work Technology Joint-Stock Company;
- Vinashin Trading and
Construction Joint-Stock Company;
- Vinashin Oil and Gas
Investment and Transport Joint-Stock Company;
-Vinashin Investment and Construction Joint-Stock Company;
- Vinashin Precision
Engineering Joint-Stock Company;
- Hung Vuong Shipbuilding
Industry and Trading Joint-Stock Company;
- The Shipbuilding
Technology Zone and Urban Investment and
Development Joint-Stock Company;
- Vinashin Construction
and Consultation Joint-Stock Company;
- Vinashin Hi-tech Development Investment Joint-Stock Company;
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- Vinashin Shipbuilding Technology Application and Development
Joint-Stock Company;
- Vinashin Central
Investment and Construction Joint-Stock Company;
- - VINASHIN - TGC
Container Joint-Venture Company;
- Vietnam Shipbuilding
Industry Corporation's member companies currently under equitization.
- Vietnam Shipbuilding
Industry Group's Managing Board shall devise a roadmap for equitization of
unequitized companies specified in this Point and submit it to the Prime
Minister for approval.
7. Associated companies which have less than 50% of their charter
capital owned by the Vietnam Shipbuilding Industry Group shall include:
- Shintec Shipbuilding
Industry Environment Technology Joint-Stock Company;
- The Housing Joint-Stock
Bank (HABUBANK);
- Hyundai-Vinashin Ship
Repairing Yard Limited Liability Company;
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- BAICAN SHIPPING Joint-Venture Company (Vietnam-Russian
Federation);
- VISKO Joint-Venture
Company (Vietnam-Republic of Korea Joint-Venture in breaking up old ships);
- VINAKITA Joint-Venture
Company (Vinashin-Kikada Joint-Venture in ship design);
- SEJIN-VINASHIN Ship Interior Accessory Limited Liability
Company (Vietnam - Republic of Korea);
- Vietnam-Republic of Korea Shipbuilding Design and Technical Service Joint-Venture Company;
- AALBORG Industrial
Limited Liability Company (making ship steam boilers);
- KOYO-VINASHIN Maritime
Equipment Limited Liability Company;
- Vietnam
Shipbuilding Industry Corporation's member companies currently under
equitization.
8. Non-business units
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- VINASHIN University;
- Bach Dang Training School for Technical Workers;
- Shipbuilding Technique
and Skill School I in Hai Phong;
- Shipbuilding Technique
and Skill School II in Ho Chi Minh City;
- Shipbuilding Technique and Skill School III in Da Nang;
Article 2.- Organization
of implementation:
1. Ministries,
ministerial-level agencies, and government-attached agencies shall carry out
their state management functions in
relevant domains and exercise certain
owner's rights and responsibilities with respect to Vietnam Shipbuilding
Industry Group as assigned by the Prime Minister.
2. The Ministers of
Transport; Finance; and Planning and
Investment, and the Steering Committee for Enterprise Renewal and
Development shall have to direct and monitor the implementation of this
Decision according to their respective functions and tasks; promptly detect and settle arising problems and report on
problems falling beyond their competence to
the Prime Minister for settlement; assume the prime responsibility for,
and coordinate with concerned agencies in, studying and proposing to the Prime
Minister new issues to be experimented during the course of implementation.
3. Vietnam Shipbuilding
Industry Corporation's Managing Board shall propose to the Prime Minister for appointment members of the Managing Board, the
chairman of the Managing Board and the president of Vietnam Shipbuilding
Industry Group.
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- Obtain the Prime
Minister's approval before appointing or signing a contract with the executive
general director of Vietnam Shipbuilding Industry Group;
- Submit to the Prime
Minister for approval the Charter on organization and operation of the parent
company, Vietnam Shipbuilding Industry Group;
- Decide on the
establishment of corporations specified in Point 4, Article 1 of this Decision;
- Decide on the
transformation of companies specified in
Point 5, Article 1 of this Decision into one-member limited liability companies
operating after the parent-subsidiary company model after the Prime
Minister approves their transformation plan and implementation schedule; give
guidance on investment for development of
these companies and, when having sufficient conditions, devise a scheme on formation of a corporation and submit it to
the Prime Minister for consideration
and approval before issuing a formation decision;
- Approve the organization
and operation charters of corporations and member companies which have 100% of
their charter capital owned by Vietnam Shipbuilding Industry Group.
- Submit to the
Ministry of Finance for approval the Financial Regulation of Vietnam
Shipbuilding Industry Group.
Article 3.-This Decision
takes effect 15 days after its publication in "CONG BAO."
The Ministers of
Transport; Finance; Trade; Planning and Investment; Labor, War Invalids and
Social Affairs; Education and Training; Construction; Industry; Home Affairs; Science and Technology; and Natural Resources and Environment, the Governor of
the State Bank of Vietnam, the Steering Committee for Enterprise Renewal
and Development, Vietnam Shipbuilding
Industry Corporation's Managing Board, Vietnam Shipbuilding Industry
Group's Managing Board; and heads of concerned agencies shall have to implement
this Decision.
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PRIME MINISTER
Phan Van Khai