Decision No. 09/2006/QĐ-BQP stipulates the transfer of Company 28 to the parent-subsidiary model, determining the rights and obligations of the related parties. This decision applies to Company 28 and its subsidiaries and associated companies.
适用范围
Company 28 and its subsidiaries and associated companies.
要点
- The parent company shall be named Company 28, with its headquarters at No. 3 Nguyen Oanh Street, Go Vap District, Ho Chi Minh City. It shall independently account for economic activities and be responsible for preserving and developing state capital.
- Company 28 is permitted to engage in production and business activities such as garment manufacturing, weaving, import and export, oil products, infrastructure investment for civilian industries, and real estate trading.
- The parent company is responsible for establishing Company 28-1 as a State-owned Joint Stock Company with one member, and privatizing subsidiaries such as Garment 28-2, Garment 28-5, Garment 28-6, and associating with Binh Phu Company.
- The General Director of Company 28 is responsible for implementing the restructuring and reorganization of the agency, Office, and dependent units; drafting the proposal for establishing Company 28-1 as a State-owned Joint Stock Company with one member, and the plan for privatizing subsidiaries.
- This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
🌐 本文件的社会影响
- Positive impact: Creating opportunities for Company 28 to develop strongly, enhancing business efficiency and management.
- Negative impact: May cause significant changes in the organization and operations of subsidiaries and associated companies, affecting the interests of employees and shareholders.
❓ 常见问题
What industries does Company 28 operate in?
Company 28 engages in the production and business of garments, equipment for the garment industry; weaving; materials, equipment, raw materials, chemicals serving the dyeing and printing industry; import and export of textile-garment products; oil products; infrastructure development investment for civilian industries, and real estate trading.
What responsibilities does the parent company have during the transition process?
The General Director of Company 28 is responsible for restructuring and reorganizing the agency, Office, and dependent units; drafting the proposal for establishing Company 28-1 as a State-owned Joint Stock Company with one member, and the plan for privatizing subsidiaries.
What is the legal status of the parent company?
The parent company has legal personality, independently accounts for economic activities, possesses a seal and bank account; it organizes and operates according to the Articles of Association approved by the Minister of National Defense.
When does this Decision come into effect?
This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
What types of companies are included in the subsidiaries?
Subsidiaries of the parent company include: State-owned Joint Stock Companies with one hundred percent capital invested by the parent company; Joint Stock Companies where the parent company holds controlling shares; and associated companies of Company 28.
全文
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MINISTRY OF NATIONAL DEFENSE |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 09/2006/QĐ-BQP |
Hanoi, January 10, 2006 |
Pursuant to …;
Regarding the Transfer of Company 28 to Organize and Operate under the Parent-Subsidiary Model
MINISTER OF NATIONAL DEFENSE
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Legislative Acts of Legal Norms dated November 12, 1996, amended and supplemented on December 16, 2001;
Pursuant to the State Enterprise Law 2003;
Pursuant to Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;
Pursuant to Document No. 2061/2004/TTg-ĐMDN dated December 19, 2005 of the Prime Minister regarding the transfer of Company 28 to organize and operate under the Parent-Subsidiary model;
Considering the proposal of the Director of the Economic Department,
DECISION:
Article 1. Transfer Company 28 to organize and operate under the Parent-Subsidiary model.
1. The parent company has:
a) Name: Company 28
b) English name for transactions: 28 Company
c) Abbreviation: Agtex
d) Head office located at: No. 3 Nguyen Oanh Street, Go Vap District, Ho Chi Minh City.
2. Company 28 is a defense-security enterprise directly implementing production and business activities and having investment capital in subsidiary companies and associated companies; responsible for preserving and developing state capital at the Company and in the invested subsidiary and associated companies.
Company 28 has legal personality, independently accounting economically, has a seal, and has a bank account; organizes and operates according to the Charter approved by the Minister of National Defense, Financial Regulations approved by the Minister of Finance, and in accordance with laws and regulations of the Ministry of National Defense.
During its development, Company 28 continues to invest in establishing new subsidiaries based on the privatization of dependent units and taking over some companies similar in business sectors and fields of activity directly under the Ministry of National Defense, operating as subsidiaries in accordance with the law and decisions of the Ministry of National Defense.
The parent company is responsible for inheriting all legal rights and obligations of Company 28 prior to the transfer.
Article 2. Company 28 is authorized to produce and trade in the following industries:
1. Production and trading of ready-made garments and equipment for the textile industry.
2. Production and trading of textiles.
3. Trading of materials, equipment, raw materials, and chemicals serving the textile and dyeing industries.
4. Trading of export and import products from the textile and garment industries.
5. Trading of petroleum products.
6. Developing industrial infrastructure and residential facilities and trading in real estate.
Article 3. The organizational structure of Company 28 includes:
1. General Director of the Company.
2. Deputy General Directors of the Company.
3. Executive Director.
4. Chief Accountant of the Company.
5. Functional departments:
- Consolidated Accounting Department
- Financial and Accounting Department
- Political Department
- Research, Development, and Investment Department
- Business Department
- Technical Department
- Office.
6. Units directly under the parent company:
- Military Textile Factory
- Trade and Service Factory
- Military Tailoring Factory
- Real Estate Trading Factory
- Hanoi Branch.
Article 4. Company 28 has the following types of subsidiary companies:
1. Joint Stock Company with 100% state capital invested by the parent company:
- Joint Stock Company with 100% state capital 28-1.
2. Joint Stock Company where the parent company holds controlling shares:
a) Joint Stock Garment Company 28-2
b) Joint Stock Garment Company 28-5.
3. Associated companies of Company 28:
a) Joint Stock Garment Company 28-6
b) Joint Stock Company Binh Phu.
4. Subsidiaries have legal personality, separate assets, names, management structures, and bear civil responsibility within the scope of their assets; they are organized and operate in accordance with relevant laws corresponding to the legal form of the subsidiary and regulations of the Ministry of National Defense.
Article 5. Direct the General Director of Company 28 to implement based on the decision of the Minister of National Defense:
1. Reorganize and restructure offices, the Office, subordinate units, and merged units.
2. Develop a proposal to establish Joint Stock Company with 100% state capital 28-1, to be decided by the head of the Ministry of National Defense.
3. Formulate plans and schedules for the privatization of subsidiary companies: Joint Stock Garment Company 28-2, Joint Stock Garment Company 28-5, Joint Stock Garment Company 28-6.
4. Based on the State Enterprise Law 2003 and other relevant laws, develop the Charter for the organization and operation of the parent company to be reported to the competent authority for approval by the Minister of National Defense; develop the Financial Regulations of the parent company to be reported to the Ministry of Finance for approval by the Minister of Finance.
5. Develop plans for handling capital, assets, finance, and labor of the parent company and subsidiaries during the transition period, to be reported to the Ministry of National Defense, the Ministry of Finance, and other competent authorities for examination and approval.
Article 6. This Decision takes effect fifteen days from the date of publication in the Official Gazette.
The Chief of General Staff, the Director of the Political Department, the Director of the Logistics Department, the Director of the Economic Department, the General Director of Company 28, and the heads of related agencies and units are responsible for enforcing this Decision./.
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DEPUTY MINISTER Lieutenant General Nguyen Van Rinh |
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