Decision No. 101/2006/QĐ-TTg On Approving the Plan to Transfer Ha Long Fishery Corporation to Operate Under the Parent Company-Subsidiary Model

Pursuant to …;

Regarding the approval of the Project to transfer the Ha Long Seafood Corporation to operate under the holding company-subcompany model

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on State-Owned Enterprises No. 14/2003/QH11 dated November 26, 2003;

Pursuant to the Enterprise Law No. 13/1999/QH10 dated June 12, 1999;

Pursuant to the Government Decree No. 153/2004/NĐ-CP dated August 9, 2004 on the organization and management of state-owned corporations and the transformation of state-owned corporations and independent state-owned companies into holding company-subcompany models;

Considering the proposal of the Minister of Fisheries.

Pursuant to …;

Article 1. Approve the Project to transfer the Ha Long Seafood Corporation under the Ministry of Fisheries to operate under the holding company-subcompany model as follows:

1. The holding company - Ha Long Seafood Corporation is a state-owned enterprise with legal personality, its own seal, and accounts at the State Treasury and banks; it directly carries out production, business activities, and invests capital in subcompanies and associated companies; it is responsible for preserving and developing the state's capital in the corporation and in the subcompanies and associated companies.

The holding company is a state-owned enterprise formed based on restructuring the Office of the Ha Long Seafood Corporation and dependent accounting units.

The management structure of the holding company includes: Board of Directors, Supervisory Board, General Director, Deputy General Directors, and supporting staff.

2. Subcompanies and associated companies: have legal personality, their own assets, names, separate management structures, and bear civil liability within the scope of the enterprise's assets; they are organized and operate according to the relevant legal provisions corresponding to the legal form of subcompanies and associated companies, as listed below:

a) Subcompanies (to be privatized in 2006):

+ Ha Long Marine Fishing Company,

+ Ha Long Shipbuilding Machinery Company.

b) Associated companies:

- Privatized enterprises:

+ Ha Long Seafood Processing Joint Stock Company,

+ Ha Long Construction Joint Stock Company,

+ Ha Long Material Joint Stock Company,

+ Ha Long Food Joint Stock Company,

+ Ha Long Service and Import-Export Joint Stock Company.

- State-owned enterprises to be privatized in 2006:

+ Central Aquaculture Service Company,

+ Ha Long Trade and Service Company (after merging the Dragon Feed Production Company for Aquatic Animals, Livestock, and Poultry into this company).

- Joint ventures:

+ HATAICO Wood Pulp Joint Venture Company.

3. The charter capital structure, industries, and business operations of the holding company and subcompanies and associated companies; the organization and management of the holding company; relationships between the holding company and the state owner and subcompanies and associated companies are stipulated in the Charter of the holding company's organization and operation.

4. The holding company is responsible for inheriting all legal rights and obligations of the Ha Long Seafood Corporation.

Article 2.

1. Entrust the Minister of Fisheries:

- To direct the implementation of this Project.

- To decide on the establishment of the holding company; to form the subcompanies and associated companies mentioned in Clause 1 and Clause 2 of Article 1 of this Decision in accordance with current regulations.

- To approve the Charter of the holding company's organization and operation.

2. The Minister of Finance shall approve the Financial Management Regulations of the holding company.

Article 3. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Ministers of Fisheries, Finance, Planning and Investment, Home Affairs, Labor, Invalids and Social Affairs, Governor of the State Bank of Vietnam, and heads of related agencies are responsible for implementing this Decision./.