The Decree details a number of articles of the Enterprise Law

Published on 14 - 04 - 2021
100%

On 01/4/2021, the Government issued the Decree No. 47/2021 / ND-CP detailing a number of articles of the Law on Enterprises.

This Decree details a number of articles of the Enterprise Law regarding social and state-owned enterprises, group of companies, and national defense and security enterprises and information disclosure by state enterprises. It is applicable to enterprises, agencies, organizations and individuals as specified in Article 2 of the Law on Enterprises.

Accordingly, social enterprises must maintain social and environmental objectives, the retained profits for reinvestment and other contents recorded in the commitment to achieve social and environmental goals throughout the operation process. Except for cases that the social or environmental objectives are terminated ahead of the committed time limit, the social enterprise must refund all incentives and grants received by the social enterprise to carry out the registered social and environmental objectives if it has not implemented or not fully implemented the Commitment to achieve social and environmental objectives and the retained profits for reinvestment.

The parent company as specified at Point a, Clause 2 and Point a, Clause 3, Article 88 of the Law on Enterprises is not a subsidiary company of an economic group, corporation or other group of parent company - subsidiary company. The ownership ratio of charter capital or total number of voting shares held by the State in an enterprise is the total ownership rate of charter capital and voting shares held by the representative agencies of owners kept at that business. The independent company as defined in Article 88 of the Law on Enterprises means a joint stock company or a limited liability company whose charter capital or the total number of voting shares are owned by the State and not under the group of parent company – subsidiary company.

An enterprise is defined as a national defense and security enterprise in the cases that the following conditions are simultaneously satisfied as follows: Being a one-member limited liability company under which the Ministry of National Defense and the Ministry of Public Security exercise the rights to represent the state ownership in the enterprise; its branches, domains and operation areas as specified in the list of industries, domains or areas directly servicing national defense and security together with the Decree No. 47/2021 / ND-CP; assigned by the Ministry of National Defense or the Ministry of Public Security to produce and supply national defense and security products and services or perform national defense and security tasks with the State's resources or the resources of enterprises suitable for investment goals and businesses establishment.

Businesses’ information is publicly available on the Business Portal. It is noteworthy that State enterprises must maintain information disclosure reports on their websites, portal or website of the representative agency and the Business Portal at the minimum of 05 years. Information disclosure enterprises shall preserve and store reported and published information in accordance with law.

The Decree also regulates the transformation of social protection establishments, social funds and charity funds into social enterprises. Specifically, social protection establishments, social funds, charity funds are allowed to use all assets, rights and obligations to convert into social enterprises after the written approval document from the licensing agency for the establishment of social protection establishments, social funds and charity funds is available.

After transformation, the social enterprise inherits all legal rights and interests, takes responsiblities for all debts, including tax debts, labor contracts and other obligations of the social protection establishments, social funds, charity funds. The social protection establishment, social fund or charity fund terminates its operation from the date the social enterprise is granted the enterprise registration certificate.

Dossiers, orders and procedures for conversion from social protection establishments, social funds and charity funds into social enterprises comply with the Enterprise Law and the Government's regulations on enterprise registration. 

This Decree takes effect from the date of its signing.

This Decree replaces and annulls the following documents: The Decree No. 81/2015 / ND-CP dated September 18, 2015 of the Government on disclosure of state enterprise information. The Decree No. 93/2015 / ND-CP dated October 15, 2015 of the Government on organization, management and operation of national defense and security enterprises. The Decree No. 96/2015 / ND-CP dated October 19, 2015 of the Government detailing a number of articles of the Law on Enterprises. The Decision No. 35/2013 / QD-TTg dated June 7, 2013 of the Prime Minister promulgating the Regulation on operations of supervisors of one-member limited liability companies with 100% of charter capital held by the State.

Latest new

The Official Telegram of the Chairman of the Provincial People's Committee on strengthening the...(06/05/2021 11:22 SA)

The Official Telegram of the Chairman of the Provincial People's Committee on adding measures to...(04/05/2021 2:58 CH)

The Official Telegram of the Chairman of the Provincial People's Committee on the drastic...(01/05/2021 4:17 CH)

The Directive on organizing the 2021 high school graduation exam in Hung Yen province(29/04/2021 9:40 SA)

To strengthen the implementation of the Covid-19 prevention and control.(27/04/2021 11:28 SA)

The Telegram on strengthening the performance of the COVID-19 epidemic prevention and control(24/04/2021 3:37 CH)

The Telegram on serving the people's travel needs and ensuring traffic order and safety during...(20/04/2021 2:52 CH)

The extension of time limit for payment of value added tax, corporate income tax, personal income...(20/04/2021 4:20 CH)

°
669 online users