Circular No. 06/2024/TT-BQP guides the implementation of reporting systems, information disclosure, inspection, and supervision for businesses directly serving national defense and security and businesses combining economic activities with national defense and security under the Ministry of National Defense.

CIRCULAR

Guidelines for Implementing Reporting, Information Disclosure, Inspection, and Supervision Systems for Enterprises Directly Serving National Defense and Security and Enterprises Combining Economy with National Defense and Security under the Ministry of National Defense

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law dated January 11, 2022;

Pursuant to the Law on Management and Use of State Capital for Investment in Business Operations dated November 26, 2014;

Pursuant to Decree No. 49/2014/NĐ-CP dated May 20, 2014 of the Government on supervision, inspection, and audit of state-owned enterprises in compliance with laws and adherence to decisions of owners;

Pursuant to Decree No. 87/2015/NĐ-CP dated October 6, 2015 of the Government on supervising state capital investment in enterprises; financial supervision, performance evaluation, and financial information disclosure of state-owned enterprises and enterprises with state capital;

Pursuant to Decree No. 10/2019/NĐ-CP dated January 20, 2019 of the Government on implementing rights and responsibilities of state owners;

Pursuant to Decree No. 47/2021/NĐ-CP dated April 1, 2021 of the Government detailing certain provisions of the Enterprise Law;

Pursuant to Decree No. 16/2023/NĐ-CP dated April 25, 2023 of the Government on the organization and operation management of enterprises directly serving national defense and security and enterprises combining economy with national defense and security; amending the provision at point g clause 1 Article 23 of Decree No. 47/2021/NĐ-CP dated April 1, 2021 of the Government detailing certain provisions of the Enterprise Law;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Economic Department;

The Minister of National Defense issues this Circular guiding the implementation of reporting, information disclosure, inspection, and supervision systems for enterprises directly serving national defense and security and enterprises combining economy with national defense and security under the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of reporting, information disclosure, inspection, and supervision systems for enterprises directly serving national defense and security and enterprises combining economy with national defense and security under the Ministry of National Defense.

Article 2. Applicability

1. State-owned enterprises holding 100% of the charter capital under the management of the Ministry of National Defense, recognized or re-recognized by the Prime Minister as enterprises directly serving national defense and security (hereinafter referred to as state-owned enterprises directly serving national defense and security), or recognized or re-recognized by the Minister of National Defense as enterprises combining economy with national defense and security (hereinafter referred to as enterprises combining economy with national defense and security held by the state with over 50% of the charter capital).

2. Enterprises where the state holds more than 50% of the charter capital or the total number of voting shares (excluding enterprises specified in Clause 1 of this Article) managed by the Ministry of National Defense, which implements the rights of state owner representation at the enterprise, recognized or re-recognized by the Minister of National Defense as enterprises combining economy with national defense and security (hereinafter referred to as enterprises combining economy with national defense and security held by the state with more than 50% of the charter capital).

3. The representative of state capital invested in enterprises specified in Clause 2 of this Article (hereinafter referred to as the Representative of State Capital).

4. Agencies, units, organizations, and individuals related to the content stipulated in Article 1 of this Circular.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Functional agencies of the Ministry of National Defense are agencies assisting the Minister of National Defense in exercising rights and responsibilities of state owner representative agencies for enterprises established or managed by the Ministry of National Defense, and exercising rights and responsibilities for state capital investments in joint-stock companies and limited liability companies with two or more members.

2. Units directly under the Ministry of National Defense entrusted with managing enterprises include: General Staff, General Departments, Military Regions, Military Services, Arms Forces, Border Guard, Command of Hanoi Capital, and the Government Cryptographic Agency entrusted by the Minister of National Defense to manage enterprises, delegated to implement some rights and responsibilities of state owner representative agencies for enterprises specified in Clauses 1 and 2 of Article 2 of this Circular.

3. National defense and security enterprises under the Ministry of National Defense include enterprises specified in Clauses 1 and 2 of Article 2 of this Circular directly managed by the Ministry of National Defense or managed by units directly under the Ministry of National Defense specified in Clause 2 of this Article.

4. Force Majeure Event affecting the implementation of enterprise information disclosure is an event occurring objectively, directly impacting the implementation of enterprise information disclosure, unforeseeable and unpreventable despite applying all necessary and permissible measures.

5. Enterprise Portal is the electronic portal at http://business.gov.vn managed and operated by the Ministry of Planning and Investment.

6. Electronic portal of the state owner representative agency is the Ministry of National Defense's electronic portal at http://mod.gov.vn.

Chapter II

REPORTING, INFORMATION DISCLOSURE,

INSPECTION, AND SUPERVISION SYSTEM

Section 1

REPORTING SYSTEM

Article 4. Reporting System

1. The reporting system includes regular reports and ad hoc reports.

2. The regular reporting system includes quarterly, semi-annual, annual, mid-term, and end-of-term reports for five-year plans, specifically:

a) State-owned enterprises directly serving national defense and security, and enterprises combining economic activities with national defense and security, which are wholly owned by the State, shall implement regular reports according to the regulations and forms stipulated in Section 1 of Appendix I and Appendix II attached hereto;

b) Enterprises combining economic activities with national defense and security, which are more than 50% owned by the State and have State representatives, shall implement regular reports according to the regulations and forms stipulated in Section 2 of Appendix I and Appendix II attached hereto;

c) National defense and security enterprises and State representatives at enterprises that are parent companies of state economic groups, parent companies of state joint-stock corporations, and parent companies within a group of parent-child companies shall compile and present reports that must consolidate the situation, results of operations, individual and consolidated financial statements according to the current enterprise accounting regulations of the entire group, corporation, or parent-child company group.

3. Ad hoc reporting system

National defense and security enterprises and State representatives shall implement ad hoc reports according to the requirements of the Ministry of Defense or competent state management agencies. The content (form), and deadline for reporting shall be based on the specific requirements of the agency or unit issuing the reporting system.

4. In addition to the reporting system prescribed in Clause 2 and Clause 3 of this Article, national defense and security enterprises and State representatives shall implement the reporting system according to the specialized laws and other relevant regulations of the Ministry of Defense for each type of state-owned enterprise.

Article 5. Methods of Sending and Receiving Reports

1. Reports are presented in paper form or electronic form and sent to the receiving agency through one of the following methods:

a) Directly delivering to the document section of the receiving agency or unit;

b) Through military postal services or postal services;

c) Through the report sending and receiving function of the common software system on the military data transmission network within the Ministry of Defense (if connected to the military data transmission network).

2. In cases where reports contain information listed in the State secrets protection directory, they shall be implemented according to the laws on protecting State secrets and the regulations of the Ministry of Defense on protecting State secrets within the Ministry of Defense.

3. The sending and receiving of electronic documents shall be carried out according to the laws on electronic transactions and the Regulations on document management work within the Ministry of Defense.

Article 6. Deadline and Place for Receiving Reports

1. National defense and security enterprises and State representatives shall prepare and send regular reports to the agencies, units, or individuals receiving reports according to the deadlines and places for receiving reports specified for each type of report in Appendix I attached hereto.

2. In addition to the agencies, units, or individuals receiving reports as prescribed in Clause 1 of this Article, national defense and security enterprises and State representatives must also prepare and send reports to related state management agencies according to the specialized laws.

Section 2

INFORMATION DISCLOSURE REGIME

Article 7. Principles for Implementing Information Disclosure

1. Implement the principle of information disclosure as stipulated in Article 20 of Decree No. 47/2021/NĐ-CP dated April 1, 2021, detailing certain provisions of the Enterprise Law (hereinafter referred to as Decree No. 47/2021/NĐ-CP).

2. Ensure state secrets in the fields of national defense and security.

3. The periodic information disclosure report of state-owned enterprises directly serving national defense and security must be prepared according to the form prescribed in this Circular.

Article 8. Forms, Means, and Accounts for Information Disclosure

1. The forms and means of reporting and disclosing information shall be implemented in accordance with Clause 1 and Clause 2 of Article 21 of Decree No. 47/2021/NĐ-CP.

2. The information disclosure account of the enterprise on the Enterprise Portal shall be implemented in accordance with Article 22 of Decree No. 47/2021/NĐ-CP.

Article 9. Periodic Disclosed Information

1. For state-owned enterprises directly serving national defense and security, implement as follows:

a) The content of the periodic reporting and information disclosure shall be carried out in accordance with Clause 1 of Article 14 of Government Decree No. 16/2023/NĐ-CP dated April 25, 2023, on the organization of management and operation of enterprises directly serving national defense and security and enterprises combining economy with national defense and security; amending Point g of Clause 1 of Article 23 of Government Decree No. 47/2021/NĐ-CP dated April 1, 2021, detailing certain provisions of the Enterprise Law (hereinafter referred to as Decree No. 16/2023/NĐ-CP);

b) The periodic information disclosure report shall be made according to Form No. 04/DC Appendix II attached to this Circular.

2. For enterprises combining economy with national defense and security, implement as follows:

a) Enterprises combining economy with national defense and security, where the State holds 100% of the charter capital, shall periodically disclose information according to the content, form, and time limit specified in Clause 1 of Article 23 of Decree No. 47/2021/NĐ-CP, amended and supplemented by Article 13 of Decree No. 16/2023/NĐ-CP;

b) Enterprises combining economy with national defense and security, where the State holds more than 50% of the charter capital, shall periodically disclose information according to the content, form, and time limit specified in Points a, c, d, e, and h of Clause 1 of Article 23 of Decree No. 47/2021/NĐ-CP;

c) For important content or related to state secrets in the field of national defense and security, business secrets, enterprises combining economy with national defense and security must exclude such content from their periodic information disclosure reports and compile a report on restricted information disclosure according to Form No. 05/DC Appendix II attached to this Circular, report to the Ministry of National Defense (for enterprises combining economy with national defense and security under the Ministry of National Defense) or the central unit under the Ministry of National Defense managing the enterprise, and send to the Economic Department, the Military Security Protection Department before March 31 of the following year.

Within ten days from the date of receipt of the report from enterprises combining economy with national defense and security (for enterprises managed by the central unit under the Ministry of National Defense) or the transfer notice from the Ministry of National Defense Office (for enterprises combining economy with national defense and security under the Ministry of National Defense), the Economic Department shall take the lead, coordinate with the Military Security Protection Department and relevant agencies and units to review, report to the Minister of National Defense for consideration and decision on restricted information disclosure, notify the enterprise to implement, and inform the Ministry of Planning and Investment for monitoring and supervision.

Article 10. Unusual Information Disclosure

1. Defense and security enterprises must disclose on their official website, publications (if any), and publicly post at their headquarters and business locations; the Enterprise Information Portal and report to the Ministry of National Defense (for defense and security enterprises under the Ministry of National Defense), or the competent unit under the Ministry of National Defense assigned to manage the enterprise, all unusual information within 36 (thirty-six) hours from the occurrence of any event specified in Clause 1, Article 110 of the Enterprise Law, except for cases stipulated in Clause 2 of this Article.

2. Within 36 (thirty-six) hours from the occurrence of any event specified in points a, b, d, e of Clause 1, Article 110 of the Enterprise Law, if the content is important and related to or affects state secrets in the field of national defense and security, defense and security enterprises shall prepare a report on the restricted disclosure of information according to Model No. 05/DC Appendix II attached hereto, report to the Ministry of National Defense (for defense and security enterprises under the Ministry of National Defense), or the competent unit under the Ministry of National Defense assigned to manage the enterprise, and submit it to the Economic Department, the Military Security Protection Department for review, consideration, and decision on the restricted disclosure of unusual information.

Within 07 (seven) days from the date of receipt of the report from the defense and security enterprise (for defense and security enterprises managed by the competent unit under the Ministry of National Defense), or the transfer form of the Ministry of National Defense Office (for defense and security enterprises under the Ministry of National Defense), the Economic Department shall take the lead, coordinate with the Military Security Protection Department and relevant agencies and units to review, report to the Minister of National Defense for consideration and decision on the restricted disclosure of unusual information, notify the enterprise to implement, and inform the Ministry of Planning and Investment for monitoring and supervision.

Article 11. Implementation of Information Disclosure

1. Before June 30 each year, state-owned enterprises directly serving national defense and security shall be responsible for preparing reports and publishing periodic information disclosures as stipulated in Clause 1, Article 9 of this Circular, updating basic information about the enterprise, the Company Charter, and electronic forms on the enterprise's official website, the Enterprise Information Portal, in accordance with deadlines; simultaneously, submit the information disclosure report to the Ministry of National Defense's Electronic Information Portal for publication and send it to relevant agencies and units according to the information disclosure reporting system prescribed in Section 1 of Appendix I attached hereto for monitoring and supervision.

2. Enterprises combining economic activities with national defense and security shall be responsible for preparing reports and implementing the periodic information disclosures as stipulated in Clause 2, Article 9 of this Circular on the enterprise's official website, the Enterprise Information Portal, in accordance with deadlines; simultaneously, submit the information disclosure report to the Ministry of National Defense's Electronic Information Portal for publication and send it to relevant agencies and units according to the information disclosure reporting system of the corresponding type of enterprise prescribed in Sections 1 and 2 of Appendix I attached hereto for monitoring and supervision.

For contents not decided by the Ministry of National Defense to restrict information disclosure as provided in point c of Clause 2, Article 9, and Clause 2, Article 10 of this Circular, defense and security enterprises shall compile and supplement such contents into the periodic information disclosure report when they have not yet reached the disclosure deadline, or prepare a supplementary information disclosure report and immediately disclose the information upon receipt of the decision document from the Minister of National Defense regarding the restricted disclosure of information.

3. In case the time for implementing information disclosure coincides with holidays or public holidays, defense and security enterprises shall be responsible for fulfilling their disclosure obligations on the first working day following the end of the holiday or public holiday as prescribed by law.

Article 12. Suspension of Information Disclosure

1. In cases where information disclosure cannot be carried out within the prescribed time limit due to force majeure events, the defense and security enterprises shall report to the Ministry of National Defense (for defense and security enterprises under the Ministry of National Defense) or the main unit entrusted with managing the enterprise by the Ministry of National Defense within three (3) working days from the date of occurrence of the force majeure event, and send the report to the Economic Department for review, consideration, and decision on the suspension of information disclosure.

2. The main unit entrusted with managing the enterprise by the Ministry of National Defense shall internally review the report, report to the Ministry of National Defense through the Economic Department regarding the suspension of information disclosure of the managed defense and security enterprises within five (5) working days from the date of receipt of the enterprise's report.

3. Within seven (7) days from the date of receipt of the document transfer notice from the Office of the Ministry of National Defense (for defense and security enterprises under the Ministry of National Defense) or the report from the main unit entrusted with managing the enterprise by the Ministry of National Defense, the Economic Department shall take the lead, coordinate with relevant agencies and units to review, compile, report to the Minister of National Defense for consideration and decision on the suspension of information disclosure, notify the enterprise to implement, and inform the Ministry of Planning and Investment for monitoring and supervision.

4. Defense and security enterprises shall publish on their corporate website the suspension of information disclosure, and immediately disclose the information once the force majeure event is resolved.

Section 3

INSPECTION AND SUPERVISION REGIME

Article 13. Content of Inspection and Supervision

1. For state-owned enterprises directly serving national defense and security and economic-defense and security enterprises held 100% by the State, inspection and supervision work includes the following main contents:

a) The situation and results of implementing the strategy, production and business plan, and the five-year investment development plan, annual production and business plan, and the approved business sectors of the enterprise by the competent authority;

b) The situation and results of implementing restructuring plans and schemes of the enterprise approved by the competent authority;

c) Compliance with reporting and information disclosure regulations by the enterprise;

d) Organizational management and internal governance work of the enterprise;

đ) Coordination mechanisms, obligations, and responsibilities of the enterprise and its managers according to the operational regulations of the Supervisory Board and Supervisors approved by the competent authority;

e) The situation and results of annual quality assessment and ranking of managers and supervisors at the enterprise; labor management, salaries, remuneration, bonuses, and related policies concerning employees, enterprise managers, and supervisors;

g) The situation and results of joint venture activities with foreign partners in Vietnam and overseas investments by the enterprise; compliance with laws and regulations of the Ministry of National Defense on international cooperation when engaging in joint ventures and collaborations with foreign organizations and individuals;

h) The situation and results of land management and utilization for business purposes granted or leased by the State, and the use of defense land according to approved land use plans and contracts;

i) Financial oversight and evaluation of the enterprise's operational efficiency; management and utilization of assigned resources not included in the State capital investment in the enterprise to fulfill national defense and security tasks according to laws on public asset management and related laws;

k) The situation and results of implementing investment projects, procurement, liquidation, sale of fixed assets, and project transfers by the enterprise;

l) The situation and results of fulfilling military and national defense tasks; production and supply of defense and security products and services according to annual plans approved directly by the Ministry of National Defense or through functional agencies and main units under the Ministry of National Defense;

m) Other contents as required by the Ministry of National Defense and relevant laws.

2. For economic-defense and security enterprises held over 50% by the State, inspection and supervision are conducted through the State Capital Representative at the enterprise, including the following main contents:

a) The situation and results of implementing the strategy, production and business plan, and long-term investment development plan, and annual production and business plan of the enterprise according to resolutions and decisions of the Shareholders' Meeting (Board of Members) and the Board of Directors;

b) The situation and results of implementing restructuring plans and schemes of the enterprise approved by the Shareholders' Meeting (Board of Members);

c) Compliance with reporting and information disclosure regulations by the enterprise;

d) Activities of the State Capital Representative according to the operational regulations approved by the competent authority;

đ) The situation and results of annual quality assessment and ranking of the State Capital Representative; labor management, salaries, remuneration, bonuses, and related policies concerning employees and the State Capital Representative;

e) Compliance with laws and regulations of the Ministry of National Defense on international cooperation when engaging in joint ventures and collaborations with foreign organizations and individuals;

g) The situation and results of land management and utilization for business purposes granted or leased by the State, and the use of defense land according to approved land use plans and contracts;

h) Financial oversight and evaluation of the enterprise's operational efficiency;

i) The situation and results of implementing investment projects, procurement, liquidation, sale of fixed assets, and project transfers according to resolutions or decisions of the Shareholders' Meeting (Board of Members) and the Board of Directors;

k) The situation and results of fulfilling military and national defense tasks; production and supply of defense and security products and services according to plans approved directly by the Ministry of National Defense or through functional agencies and main units under the Ministry of National Defense;

l) Other contents as required by the Ministry of National Defense and relevant laws.

Article 14. Subjects inspecting and supervising

1. The Ministry of National Defense shall exercise the rights and responsibilities of the state-owned enterprise representative agency in inspecting and supervising enterprises under its management as prescribed by the Enterprise Law, the Law on Management and Use of State Capital for Investment in Production and Business Activities of Enterprises, and other relevant laws.

2. Functional agencies of the Ministry of National Defense, units directly subordinate to the Ministry of National Defense assigned to manage enterprises according to their functions and tasks, assist the Minister of National Defense in exercising the rights and responsibilities to inspect and supervise defense and security enterprises under the Ministry of National Defense as follows:

a) The Economic Department shall take the lead in inspecting and supervising the contents stipulated at points a, b, c, d, đ, e, g, h, and m Clause 1, and points a, b, c, d, đ, e, g, and l Clause 2, Article 13 of this Circular;

b) The Finance Department shall take the lead in inspecting and supervising the contents stipulated at point i and point m Clause 1, and point h and point l Clause 2, Article 13 of this Circular;

c) The Planning and Investment Department shall take the lead in inspecting and supervising the contents stipulated at point k and point m Clause 1, and point i and point l Clause 2, Article 13 of this Circular;

d) The Military Personnel Department shall take the lead in inspecting and supervising the contents stipulated at point l and point m Clause 1, and point k and point l Clause 2, Article 13 of this Circular;

đ) Units directly subordinate to the Ministry of National Defense assigned to manage enterprises shall exercise the rights and responsibilities to comprehensively inspect and supervise corresponding contents according to each type of defense and security enterprise as prescribed in Article 13 of this Circular.

3. Direct representatives of state capital at state-owned enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security, which are wholly owned by the State, shall exercise the rights and responsibilities to inspect and supervise corresponding contents according to each type of defense and security enterprise as prescribed in Article 13 of this Circular; other contents as prescribed by the Ministry of National Defense, the Company Charter, the Financial Regulations of the enterprise, the Operational Regulations of the Representative approved by the competent authority, and other relevant laws.

4. The Supervisory Board and Supervisors at state-owned enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security, which are wholly owned by the State, shall perform their duties, rights, and responsibilities to inspect and supervise the enterprise as prescribed in Article 15 of this Circular and other relevant laws.

Article 15. Contents of inspection and supervision by the Supervisory Board and Supervisors at enterprises

The Supervisory Board and Supervisors at state-owned enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security, which are wholly owned by the State, shall inspect and supervise the contents stipulated in Article 104 of the Enterprise Law; Article 9 of Decree No. 47/2021/ND-CP; Clause 3 Article 9 of Decree No. 51/2016/ND-CP dated June 13, 2016 of the Government on labor management, salary, and bonuses for employees working in limited liability companies wholly owned by the State; Clause 2 Article 9 of Decree No. 52/2016/ND-CP dated June 13, 2016 of the Government on salaries, remuneration, and bonuses for company managers in limited liability companies wholly owned by the State; other contents as prescribed by the Ministry of National Defense, the Company Charter, and the Operational Regulations of the Supervisory Board approved by the competent authority.

Article 16. Forms of inspection and supervision

1. Indirect inspection and supervision through the consolidation, analysis, evaluation, verification, and review of various types of reports, other relevant documents of defense and security enterprises, Supervisors, State Capital Representatives at enterprises, and summarizing the results of implementing conclusions and recommendations of competent authorities that have conducted inspections, audits, and investigations during the period.

2. Direct inspection and supervision at enterprises through the establishment of Inspection and Supervision Teams according to annual or ad hoc inspection and supervision plans approved by competent authorities.

3. Combining the forms of inspection and supervision prescribed in Clauses 1 and 2 of this Article.

Article 17. Methods of indirect inspection and supervision

The subjects conducting inspection and supervision of defense and security enterprises as stipulated in Article 14 of this Circular shall implement as follows:

1. The method of "pre-inspection and supervision," applied to examine and assess the legality, effectiveness, and feasibility when exercising rights and responsibilities to participate in opinions, verification, review, and submit for approval by competent authorities on strategic decisions, implementation plans for military, defense, production, business, development investment annually, medium-term, and long-term; investment projects, capital mobilization schemes; proposals, plans, projects, and other schemes related to organizational management and activities of defense and security enterprises.

2. The method of "in-process inspection and supervision," applied to monitor, consolidate, examine, and evaluate periodic reports (quarterly, mid-year, or ad hoc) of defense and security enterprises during the implementation of plans, projects, schemes, and proposals already approved by competent authorities and other ongoing tasks and activities.

3. The method of "post-inspection and supervision," applied to analyze, consolidate, and evaluate final and special topic reports on the situation and results of implementing previous period strategies, plans, proposals, or assigned tasks that have concluded their implementation periods.

Verification, review, and submission for approval by competent authorities on the final accounts of completed investment projects; financial statements, profit distribution plans, annual fund allocations of the enterprise; salaries, remuneration, and annual bonus funds for enterprise managers and Supervisors; completion levels of management and operational tasks by enterprise managers and Supervisors; and other contents related to organizational management and activities of defense and security enterprises as prescribed by law.

Article 18. Methods of direct inspection and supervision at defense and security enterprises through the establishment of Inspection and Supervision Teams

1. Inspection and supervision process

a) Drafting and submitting for approval by competent authorities the inspection and supervision plan;

b) Organizing the implementation of the inspection and supervision plan;

c) Preparing a report on the results of inspection and supervision;

d) Approving and announcing the results of inspection and supervision.

2. Main contents of the annual or ad hoc inspection and supervision plan include:

a) Basis for issuing the plan;

b) Objectives and requirements;

c) Subjects, contents, scope, and time limits for inspection and supervision;

d) Composition and tasks of the Inspection and Supervision Team;

đ) Methods of conducting inspection and supervision;

e) Implementation organization.

3. Authority to approve annual or ad hoc inspection and supervision plans

a) The Minister of National Defense approves annual or ad hoc inspection and supervision plans for defense and security enterprises based on proposals and reports from functional agencies under the Ministry of National Defense.

In cases where the annual work plan of functional agencies under the Ministry of National Defense, which has been approved by the Minister of National Defense, includes content, subjects, scope, and timeframes for inspections and supervisions, or the Minister of National Defense issues directives or assigns tasks to functional agencies under the Ministry of National Defense to conduct inspections and supervisions of defense and security enterprises, then the head of the functional agency under the Ministry of National Defense shall approve the inspection and supervision plan for the enterprise according to the annual work plan that has been approved or the directive of the Minister of National Defense;

b) The head of the main unit directly under the Ministry of National Defense responsible for managing the enterprise approves annual or ad hoc inspection and supervision plans for defense and security enterprises under its management based on proposals and reports from subordinate functional agencies;

c) The direct representative of the state owner at state-owned enterprises directly serving national defense and security and economic enterprises combined with national defense and security, which the state holds 100% of the charter capital, approves annual or ad hoc inspection and supervision plans for internal units of the enterprise, subsidiaries that are directly serving national defense and security, and other objects within the scope and authority based on proposals and reports from specialized and professional departments of the enterprise;

4. Organization of implementation and execution of the inspection and supervision plan approved by competent authorities

a) Establishing the Inspection and Supervision Team:

The Inspection and Supervision Team consists of: Head of the Inspection and Supervision Team; Deputy Head of the Inspection and Supervision Team (if necessary); members of the Inspection and Supervision Team.

The head of the agency or unit entrusted to lead the inspection and supervision is responsible for proposing persons with appropriate expertise and experience to serve as the Head, Deputy Head, and other members of the Inspection and Supervision Team to be included in the inspection and supervision plan for approval by competent authorities as stipulated in Clause 3 of this Article to consider and decide.

b) The Head of the Inspection and Supervision Team shall be responsible for directing the development and approval of the work program, detailed outline of requirements for the inspected and supervised entity to report, sending it to the inspected and supervised entity at least 07 (seven) days before the inspection and supervision date, except for sudden inspections and supervisions as provided for in point c of this clause; organizing meetings of the Inspection and Supervision Team to disseminate the inspection and supervision plan, assigning tasks to members of the Inspection and Supervision Team; implementing the approved inspection and supervision plan; promptly reporting and seeking instructions from the competent authority as stipulated in Clause 3 of this Article for cases requiring adjustments to the inspection and supervision plan.

c) In cases of sudden inspections and supervisions, the Head of the Inspection and Supervision Team shall be responsible for notifying the composition of the Inspection and Supervision Team, the content, and time of inspection and supervision to the inspected and supervised entity no later than 03 (three) working days before the inspection and supervision date.

5. Preparing the Report on the Results of Inspection and Supervision

a) After completing the inspection and supervision activities at the unit according to the plan, based on the Report on the Implementation of Tasks by members of the Inspection and Supervision Team and related files and documents, the Head of the Inspection and Supervision Team shall lead the drafting of the Preliminary Report on the Results of Inspection and Supervision of the Inspection and Supervision Team.

b) The main contents of the Report on the Results of Inspection and Supervision of the Inspection and Supervision Team include: Basis for conducting inspection and supervision; time and location of inspection and supervision; composition of the Inspection and Supervision Team; content and results of inspection and supervision (clearly identifying strengths, weaknesses, limitations, violations (if any) according to each inspection and supervision content); recommendations of the enterprise being inspected and supervised; measures taken within the authority (if any); proposals and recommendations to the competent authority for handling and rectifying weaknesses, limitations, violations (if any).

c) The Preliminary Report on the Results of Inspection and Supervision of the Inspection and Supervision Team shall be sent to relevant agencies and units for their comments on the draft conclusion of inspection and supervision before submitting it to the competent authority for approval.

In cases where the Preliminary Report contains recommendations to transfer to the competent agency for implementation of investigation, examination, conclusion, and handling of actions suspected of violating the law, the Inspection and Supervision Team shall attach related files and documents concerning actions suspected of violating the law to send to the investigation, examination, and legal affairs agencies at the same level for their comments before reporting to the competent authority for consideration and decision.

6. Approving and Announcing the Results of Inspection and Supervision

a) The Preliminary Report on the Results of Inspection and Supervision of the Inspection and Supervision Team, after completion, must be reviewed and approved by the Head of the agency or unit hosting the inspection and supervision before submitting it to the competent authority as stipulated in Clause 3 of this Article (excluding those who approve the plan under delegation) for review and written guidance.

b) The Report on the Results of Inspection and Supervision of the Inspection and Supervision Team, after receiving comments from the competent authority, may be issued and sent to the inspected and supervised entity and related agencies, units, and individuals for implementation, monitoring, and supervision.

Chapter III

RESPONSIBILITIES OF AGENCIES, UNITS, AND ENTERPRISES

Article 19. Defense and Security Enterprises

1. State-owned enterprises directly serving defense and security and economic-defense and security combined enterprises held 100% by the State shall establish and promulgate Regulations on reporting, information disclosure, inspection, and supervision of the enterprise (including the reporting, inspection, and supervision system for subsidiary enterprises directly serving defense and security) to implement the reporting, information disclosure, inspection, and supervision regime as prescribed by law and guided in this Circular.

2. Economic-defense and security combined enterprises held over 50% by the State shall establish and promulgate Regulations on reporting and information disclosure of the enterprise and internal management and governance regulations to ensure compliance with the reporting, information disclosure, inspection, and supervision regimes as prescribed by law and guided in this Circular.

The State capital representative shall cooperate with the Board of Directors (Board of Members) and the Audit Committee of the enterprise to specify and stipulate the establishment and submission of periodic or extraordinary reports to the State capital representative in the Enterprise Charter and the enterprise's management and governance regulations to implement the reporting, inspection, and supervision regime as prescribed by law, guided in this Circular, and the operational regulations of the State capital representative approved by the competent authority.

3. Establish an electronic information website or review and upgrade the existing electronic information website of the enterprise in accordance with Clause 2, Article 30 of Decree No. 47/2021/NĐ-CP to implement the information disclosure regime as prescribed by law and guided in this Circular.

4. Apply information technology and digital transformation in implementing the reporting, information disclosure, inspection, and supervision regime of the enterprise.

5. Defense and security enterprises, direct owners at the enterprise, enterprise managers, and State capital representatives shall be responsible under the law and the Minister of National Defense for failing to implement, fully and timely implementing, or providing inaccurate, truthful, and complete reporting and information disclosure as prescribed by law and guided in this Circular.

Article 20. Audit Committees and Supervisors at State-Owned Enterprises Directly Serving Defense and Security and Economic-Defense and Security Combined Enterprises Held 100% by the State

1. Develop annual work plans, submit them to the Minister of National Defense (for Audit Committees and Supervisors at defense and security enterprises subordinate to the Ministry of National Defense) or submit them for approval by the principal unit subordinate to the Ministry of National Defense assigned to manage the enterprise and issue them in the first quarter; organize implementation according to the annual work plan approved by the competent authority.

In cases where inspections and supervisions must be conducted urgently to detect early errors of the enterprise, the Audit Committee and Supervisor shall proactively carry out such actions and simultaneously report to the Ministry of National Defense (for Audit Committees and Supervisors at defense and security enterprises subordinate to the Ministry of National Defense) or the principal unit subordinate to the Ministry of National Defense assigned to manage the enterprise (for Audit Committees and Supervisors at defense and security enterprises managed by a principal unit subordinate to the Ministry of National Defense).

2. Implement the reporting regime on the results of exercising inspection and supervision rights and obligations at the enterprise, send reports to the Economic Department, the principal unit subordinate to the Ministry of National Defense assigned to manage the enterprise, and the enterprise manager in accordance with Appendix III attached to this Circular and the operational regulations of the Audit Committee and Supervisor approved by the competent authority.

3. Be responsible under the law, the Minister of National Defense, and the principal unit subordinate to the Ministry of National Defense assigned to manage the enterprise for failing to implement, fully and timely implementing, or providing inaccurate, truthful, and complete reports as prescribed by law and guided in this Circular.

Article 21. Units subordinate to the Ministry of National Defense assigned to manage defense and security enterprises

1. The head of the unit shall be responsible for assigning specific tasks to specialized agencies under its authority to assist in advising the commander of the agency or unit to implement the reporting system, information disclosure, inspection, and supervision of defense and security enterprises managed according to the provisions of the law, the guidance provided in this Circular, and other relevant regulations of the Ministry of National Defense. Information technology and digital transformation shall be applied in implementing the reporting system, inspection, and supervision of enterprises.

2. Implement the periodic comprehensive reporting system on the situation and results of activities of defense and security enterprises managed according to Appendix III attached to this Circular, and ad hoc reports and other reports as required by the Ministry of National Defense.

3. Exercise rights and responsibilities to inspect and supervise defense and security enterprises managed according to the state-owned enterprise model prescribed in Circular No. 157/2019/TT-BQP dated October 15, 2019, issued by the Minister of National Defense guiding the exercise of rights and responsibilities of the State capital representative towards enterprises wholly owned by the State and enterprises with State capital decided to be established or managed by the Ministry of National Defense; Financial Supervision Regulations and Evaluation of State-Owned Enterprises' Performance issued together with Circular No. 48/2017/TT-BQP dated March 15, 2017, issued by the Minister of National Defense; guidance provided in this Circular, and other relevant regulations of the Ministry of National Defense.

Article 22. Functional Agencies of the Ministry of National Defense

1. The functional agencies of the Ministry of National Defense specified in Clause 1, Article 3 of this Circular, based on their assigned functions and tasks, shall be responsible for:

a) Monitoring, urging, and supervising defense and security enterprises and related units and individuals in implementing the reporting system and information disclosure; timely reviewing and updating the situation and data reported by enterprises and related agencies and units; periodically compiling and reporting to the Ministry of National Defense and competent state management agencies according to Appendix III attached to this Circular; implementing ad hoc reports and other reports as required by the Minister of National Defense or competent state management agencies.

Annually, compile the implementation status of the reporting and information disclosure systems of defense and security enterprises, the reporting system of the Board of Supervisors, and the State Capital Representative to serve the evaluation and classification of enterprises, enterprise managers, State Capital Representatives, and Supervisors; propose to the Minister of National Defense or recommend the head of the unit subordinate to the Ministry of National Defense to consider and handle collectives and individuals violating the reporting and information disclosure systems (if any) according to the law and regulations of the Ministry of National Defense;

b) Applying information technology and digital transformation in implementing the reporting system, inspection, and supervision of enterprises;

c) Drafting and submitting to the Minister of National Defense for approval or approval through delegation the annual or ad hoc inspection and supervision plans for defense and security enterprises under the Ministry of National Defense; organizing the implementation of approved inspection and supervision plans, compiling and reporting the results of implementation according to regulations.

2. Military Security Protection Department

a) Taking the lead and coordinating with related agencies and units to guide defense and security enterprises under the Ministry of National Defense in implementing regulations on protecting state secrets in the disclosure of enterprise information according to the law on protecting state secrets and regulations on protecting state secrets within the Ministry of National Defense;

b) Receiving periodic information disclosure reports from defense and security enterprises under the Ministry of National Defense, examining, reviewing, and compiling contents of information disclosure under the list of protected state secrets, promptly proposing and reporting to the Ministry of National Defense measures for handling (if any).

Article 23. Ministry of National Defense Electronic Portal

1. Establish and maintain a dedicated section on the Ministry of National Defense Electronic Portal for the publication of business information in accordance with Clause 1 of Article 31 of Decree No. 47/2021/NĐ-CP to implement the publication of business information in compliance with the law and the guidance provided in this Circular.

2. Receive, review, and post periodic information disclosure reports of businesses on the Ministry of National Defense Electronic Portal within five working days from the date of receipt of the report from the business in accordance with Clause 2 of Article 25 of Decree No. 47/2021/NĐ-CP and Clause 1 and Clause 2 of Article 11 of this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 24. Transitional Provisions

1. Businesses that have been recognized or re-recognized as defense and security enterprises in accordance with Decree No. 93/2015/NĐ-CP dated October 15, 2015 of the Government on the organization, management, and operation of defense and security enterprises and Decree No. 47/2021/NĐ-CP shall apply the reporting, information disclosure, inspection, and supervision regime for directly serving defense and security enterprises as stipulated in this Circular until a decision by the Prime Minister regarding the recognition or re-recognition of directly serving defense and security enterprises is issued.

2. For state-owned enterprises under the management of the Ministry of National Defense, holding 100% of the charter capital, which meet the conditions defined as directly serving defense and security enterprises pursuant to Article 3 of Decree No. 16/2023/NĐ-CP, shall apply the reporting, information disclosure, inspection, and supervision regime for directly serving defense and security enterprises as stipulated in this Circular until a decision by the Prime Minister regarding the recognition or re-recognition of directly serving defense and security enterprises is issued.

3. For state-owned enterprises holding more than 50% of the charter capital or the total number of voting shares implemented by the State's representative at the enterprise, which meet the conditions defined as economic enterprises combined with defense and security pursuant to Article 4 of Decree No. 16/2023/NĐ-CP, shall apply the reporting, information disclosure, inspection, and supervision regime for economic enterprises combined with defense and security as stipulated in this Circular until a decision by the Minister of National Defense regarding the recognition or re-recognition of economic enterprises combined with defense and security is issued.

Article 25. Effective Date

1. This Circular takes effect from March 10, 2024.

2. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the amended, supplemented, or replacing documents.

Article 26. Responsibility for Implementation

1. Commanders of agencies, units, defense and security enterprises; Managers of state-owned enterprises directly serving defense and security and economic enterprises combined with defense and security held 100% by the State; Representatives of the State's investment capital in economic enterprises combined with defense and security held more than 50% by the State, and related organizations and individuals are responsible for implementing this Circular.

2. The Economic Department shall take the lead and coordinate with relevant agencies and units to inspect, supervise, compile, and report on the implementation results of this Circular./.