Prime Minister Nguyen Xuan Phuc has just signed a decision on the issuance of regulations on the order, procedures and documents that transfer the rights and responsibilities of representative offices of state capital in companies to the House Capital Management Committee. Water in the company.
Transfer status quo
Thus, the subjects to be transferred are limited liability companies of a single partner, with 100% of state-owned capital and the capital invested by the State in companies as follows: private and state capital businesses; Vietnam Oil and Gas Group; Electricity from Vietnam; Vietnam Petroleum Group; Chemical Group of Vietnam; Vietnam Rubber Industry Group; Vietnam Coal and Minerals Industries Group; Group of Posts and Telecommunications of Vietnam.
Along with this is the MobiFone Telecommunications Corporation; The Vietnam Tobacco Corporation; Vietnam Airlines Corporation; Vietnam National Transport Lines; Vietnam Railway Corporation; Vietnam Expressway Investment and Development Corporation; Vietnam Airports Corporation; Vietnam Coffee Corporation; Southern Food Corporation; North Food Corporation; Vietnam Forestry Corporation; Other companies, as decided by the prime minister.
Delivery of the dossiers related to the rights and responsibilities of the representative offices of the ownership of the state capital, from the transferor to the Commission, according to the principle of transfer of the original status for each transfer company, the state capital share transfer.
The data of the delivery file is the data of the company's quarterly and annual financial reports, which are made up to the time of the transfer within the transfer period, according to Decree no. 131/2018 / ND-CP; Data on the staff are business managers, controllers, representatives of the state capital in the existing companies at the time of transfer.
The transfer process shall ensure the principle of the attribution of corporate management responsibilities in the transition process, as stipulated in Article 3 of Government Decree 131/2018 / ND-CP, savings; It will inherit the schedule of organization, transformation and restructuring of the company's capital; There is coordination between the parties to deal with issues arising during and after the transfer process, according to the law.
In order for state-owned enterprises or state capital to be transferred, the transferred content must include the results of work carried out related to the equalization of enterprises and transfer of state capital to the enterprise. The Committee shall direct the enterprise to continue with the other stages of the riding process and the order of transfer of capital of the State in accordance with the regulations.
The company manager, controller and representative of the state capital at the time of transfer shall continue to perform their functions, duties and powers in accordance with the provisions of the law during the transfer. delivery.
The Committee shall, in coordination with the transferor, be responsible for securing the benefits of salaries and gratuities to representatives of the State capital and the controllers of the sources paid by the company during the transfer. . The transfer agency shall determine the balance of salaries, remuneration, gratuities and other interests of the representatives of capital of the State and supervisors paid by the companies until the moment of the signing of the minutes. transfer to the Commission for reception, management and use in accordance with the regulations.
Make delivery in 45 days
The decision states that the transferor is the head or deputy head who is authorized by the head of the transfer agency in writing. The transferee is the chairman of the State Capital Management Committee in the company or the authorized representative in writing.
For the duration of the transfer, the assignor will be responsible for carrying out the transfer of work steps so that the Commission receives the rights and responsibilities of the owner's representative within 45 days. since the entry into force of Decree 131/2018 / ND-CP.
During the transfer, in case of force majeure due to natural disasters, fires, violence or strikes, the transferor must rely on the practical situation to overcome the consequences and report to the Prime Minister for decision the deadline for the transfer. delivery.
In cases where due to objective conditions and circumstances of changes in state regulations, the transfer can not be effected within the aforementioned deadline, the transferring agency shall promptly report such to the Prime Minister for consideration and decision. It is allowed to extend the time, but not to exceed 30 days from the date of expiration of the transfer, as stipulated above.