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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 1746/QD-TTg
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Hanoi,
November 16, 2012
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DECISION
TRANSFER
OF THE RIGHT TO REPRESENT THE STATE OWNER AT THE VIETNAM POST CORPORATION FROM
THE VIETNAM POST AND TELECOMMUNICATIONS GROUP TO THE MINISTRY OF INFORMATION
AND COMMUNICATIONS
THE
PRIME MINISTER
Pursuant to the December 25, 2001
Law on organization of Government;
Pursuant to the November 29, 2005
Law enterprises;
Pursuant to the June 17, 2010 Law on
post;
Pursuant to Decision No. 674/QD-TTg
dated June 01, 2007 of the Prime Minister, on approving scheme on establishment
of the Vietnam Post Corporation;
At the proposal of the Minister of
Information and Communications,
DECIDES:
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Article 2. The Vietnam Post Corporation has:
1. Management structure: President of corporation, general director, and controllers.
2. Charter capital: 8,122 billion VND.
3. Business lines:
a) Main business lines:
- To set up, manage, exploit and
develop the public post network, to supply public post services under strategy,
planning, plan approved by competent state agencies;
- To supply other public services at
the request of competent state agencies;
- To do business in the exclusive post
services in accordance with regulations of competent state agencies;
- To do business in post services,
issue of domestic and overseas newspapers;
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- To act as agent of
telecommunication services, to resell telecommunication services;
- To advise, research, vocational
train and apply advances of science and technology in the postal sector.
b) Related trades:
- To do business in the retail
financial services, postal financial services on postal network, services of
insurance, banking.
4. Affiliated units, subsidiary
companies and associate companies at time of transfer:
a) Dependent-accounting units:
- 63 post offices at provinces and
cities;
- Company of Central newspaper
issuance;
- Center of training and retraining
postal professional operations (new established);
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- Datapost Company (newly
established on the basis of reorganization of 5 Datapost Centers affiliated to
5 current Post Offices of provinces and cities);
b) Subsidiary companies:
- The One-member limited liability
company of Postal Stamp;
- The One-member limited liability
company for Printing Postage Stamps;
- Joint-stock Company of Post
Express;
- Joint-stock Company of Post
Travel;
c) Associate companies:
- The existing joint-venture
companies, joint-stock companies which the Corporation hold less than 50% of
charter capital;
Other member units which are
established under the development strategy of the Vietnam Post Corporation and
law.
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1. To participate in supply of
public services of state such as payment of social insurance, services of
express, …to people in line with its business lines and networks aiming to
promote efficiency of the public post network invested by state.
2. To participate in programs on
rural information and communications of state in order to promote efficiency of
the infrastructure of public post network invested by state.
3. To use policies for redundant
laborers in accordance with current regulations in course of this transfer. The funding is taken from the reserve fund for job-loss
allowance of the Vietnam Post and Telecommunications Group divided to the
Vietnam Post Corporation and job-loss allowance source of the old Vietnam Post
Corporation deducted and set up from the establishment to the present.
4. To apply Clause 8 Article 14 of
Government’s Decree No. 142/2005/ND-CP dated November 14, 2005, for land leased
by state and pay annual rents in serve of main production and business
activities.
5. To apply Clause 7 Article 12 of
Government’s Decree No. 198/2004/ND-CP dated December 03, 2004, for land
assigned by State subject with collection of land levies in serve of main
production and business activities.
6. Affiliated units and
dependent-accounting units of the Vietnam Post Corporation have seals, accounts
and are granted certificate of operation registration.
Article 4. Organization of implementation
1. The Ministry of Information and
Communications:
a) To receive the right to represent
the state owner stated in Article 1 of this Decision before January 01, 2013;
timely solve the arising difficulties, report to the Prime Minister about
problems falling beyond its competence;
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c) To approve Charter of
organization and operation of the Corporation;
d) To submit to the Prime Minister
for approving regulations in order to ensure provision of public post services
for periods after 2013;
e) To conduct final review,
assessment on model of organization, structure of management and regulations of
operation of the Corporation; on that basis, to propose adjustments
appropriately, report to the Prime Minister for consideration and decision
prior December 31, 2015.
2. The Ministry of Planning and
Investment:
To assume the prime responsibility
for, and coordinate with the Ministry of Information and Communications in
guiding procedures for operation registration to the affiliated units and
dependent-accounting units of the Vietnam Post Corporation.
3. The Ministry of Finance:
To assume the prime responsibility
for, and coordinate with the Ministry of Information and Communications in
guiding the exemption of rents for houses, land, and land levy applicable to
The Vietnam Post Corporation.
4. The Ministry of Labor - Invalid
and Social Affair:
To assume the prime responsibility
for, and coordinate with the Ministry of Information and Communications in
guiding application of policies to the redundant laborers in accordance with
current regulations in the course of transfer, reorganization of The Vietnam
Post Corporation.
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a) To transfer the right to
represent the owner stated in Article 1 of this Decision before January 01,
2013;
b) To finish the handing over of
full charter capital to the Vietnam Post Corporation as prescribed at Clause 2
Article 2 of this Decision before December 31, 2012;
c) To finish the division and
handing over of assets between the Vietnam Post and Telecommunications Group and
member units of the Group with the Vietnam Post Corporation before December 31,
2012.
6. The Vietnam Post Corporation:
a) To submit to the Ministry of
Information and Communications for approving the Charter of organization and
operation of the Corporation;
b) To formulate and submit to the
Ministry of Information and Communications and relevant agencies about plan to
participate in provision of state’s public services to people, in line with
business lines and network of the Corporation, programs on rural information
and communications of State in order to promote efficiency of the
infrastructure of post network invested by state.
Article 5. The implementation responsibilities
This Decision takes effect on the
day of its signing.
Ministers of: Information and Communications, Planning and Investment,
Finance, Labor – Invalids and Social Affairs, Home Affairs, heads of relevant
agencies, the Steering Board of Enterprise Innovation and Development,
Members' Council of the Vietnam Post and Telecommunications Group, General
Director of the Vietnam Post Corporation, President and General Director of the
Vietnam Post Corporation shall implement this Decision.
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THE
PRIME MINISTER
Nguyen Tan Dung