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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 975/QD-TTg
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Hanoi, June,
25, 2010
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DECISION
CONVERSION
OF PARENT COMPANY – VIETNAM ELECTRICITY TO ONE-MEMBER LIMITED LIABILITY COMPANY
OWNED BY THE STATE
THE PRIME MINISTER
Pursuant to the Law on
organization of Government dated December 25, 2001;
Pursuant to the State
Enterprise Law dated November 26, 2003;
Pursuant to the Enterprise
Law dated November 29, 2005;
Pursuant to Decree No.
25/2010/ND-CP dated March 19, 2010 of the Government on conversion of
State-owned companies into limited liability companies and management
organization of one-member limited liability companies owned by the State;
At the request of the Board
of Directors of Vietnam Electricity,
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Article 1. Conversion of parent Company – Vietnam Electricity (hereafter
referred to as Vietnam Electricity) to one-member limited liability Company
owned by the state, with the following main contents:
1. Name after conversion:
a) Full name: Vietnam
Electricity
b) Transaction name: Vietnam
Electricity
c) International transaction
name: Vietnam Electricity.
d) Abbreviated name: EVN.
2. Type of business: One-member
limited liability Company
3. Vietnam Electricity has its
legal status under Vietnamese law; its own seal and opens accounts at banks as
provided for by law; is organized and operates under the Enterprise Law, the
relevant laws and the Charter of organization and operation approved by the
Prime Minister;
4. Head office: No. 18 Tran
Nguyen Han St., Ly Thai To ward, Hoan Kiem dist., Hanoi city;
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a) Main business lines:
- Production, dispatch,
wholesale buying and wholesale of power.
- Import and export of power;
- Investment and management of
invested capital of power projects
b) Business lines related to
main business lines:
- Import and export of fuel,
raw materials and supplies of electricity sector;
- Financial investment and
capital business;
- Labour training cooperation
with foreign countries;
- Training of human resources;
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The investment and trading in
business lines related to the main business lines must comply with the current
regulations of law;
6. Charter capital:
Charter capital at the time of
conversion: 110,000,000 billion dong (one hundred and ten thousand billion
dong);
The determination to adjust and
add charter capital shall comply with regulations of law
7. Exercise of owner’s rights
and obligations:
The Prime Minister and the
Ministries under the authorization of Government shall exercise the state
owner’s rights and obligations over Vietnam Electricity;
8. Members of Board of members
of Vietnam Electricity shall comply with provisions in Article 21 of Decree No.
25/2010/ND-CP dated March 19, 2010 of the Government on conversion of
State-owned company to one-member limited liability company and management
organization of one-member limited liability Company owned by the State. The
Chairman and members of Board of Directors of Vietnam Electricity shall be the
Chairman and the members of Board of members of Vietnam Electricity until the
Prime Minister appoints the new Chairman and the members of Board of members of
Vietnam Electricity;
9. After the conversion to
one-member limited liability company, the Vietnam Electricity shall inherit the
rights, obligations and legal interest and settle the existing and arising
issues of the Vietnam Electricity before conversion;
Article 2. Implementation organization
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a) Direct, inspect, urge and
monitor the implementation of this Decision; promptly review and make a report
to the Prime Minister to settle the issues arising in the implementation beyond
its authority;
b) Appoint the Supervisor of
Vietnam Electricity under the authorization of Prime Minister at the official
dispatch No.1065/TTg-DMDN dated June 23, 2010 of the Prime Minister on
implementation of Decree No. 25/2010/ND-CP.
2. The Ministry of Finance
shall:
a) Assume the prime
responsibility for and coordinate with the Ministry of Industry and Trade and
the Vietnam Electricity in determination of charter capital in accordance with
current regulations;
b) Approve the amendment and
addition of Regulation on financial management in accordance with the form of
organization and operation of the Vietnam Electricity
3. The Board of members of
Vietnam Electricity shall:
a) Submit the Charter of
organization and operation of Vietnam Electricity to the Prime Minister for
approval;
b) Make a determination to
adjust the charter capital of Vietnam Electricity in accordance with current
regulations;
c) Register enterprises and
re-register the asset ownership of Vietnam Electricity as prescribed;
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dd) Request the Prime Minister
to approve the appointment of General Director of Vietnam Electricity;
e) Submit the financial
Regulation of Vietnam Electricity;
4. The General Director of
Vietnam Electricity, before the conversion, shall manage the operation of
Vietnam Electricity until its Board of members appoints a new General Director;
Article 3. This Decision takes effect on the date of its signing;
Ministers of Industry and
Trade, Finance, Labour - Invalids and Social Affairs, Planning and Investment,
Home Affairs, the Heads of the agencies concerned, the Steering Committee for
Innovation and Development of Enterprise, the Board of Directors of Vietnam
Electricity and the Board of members of Vietnam Electricity are liable to
execute this Decision. /.
FOR THE
PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Sinh Hung