Decision No. 116/2004/QD-TTg Regarding the transfer of the Vietnam Apatit Company under the Vietnam Chemicals Corporation to a Joint Stock Company with One Member.

Pursuant to …;

Regarding the transfer of the Apatit Vietnam Company under the Vietnam Chemicals Corporation

become a joint stock company with single member responsibility

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PRIME MINISTER

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

Pursuant to the State Enterprise Law on April 20, 1995;

At the proposal of the Board of Directors of the Vietnam Chemicals Corporation,

DECISION:

Article 1. Transfer the Apatit Vietnam Company, an independent accounting member enterprise under the Vietnam Chemicals Corporation, into a Joint Stock Company with One Member Apatit Vietnam.

The Joint Stock Company with One Member Apatit Vietnam (referred to as the Company) shall have its own seal, be entitled to open accounts at domestic and foreign banks in accordance with the law, and operate in accordance with the Enterprise Law and the Company's Articles of Association.

- Full name: Joint Stock Company with One Member Apatit Vietnam.

- Abbreviated name in Vietnamese: Apatit Vietnam Company.

- International trading name: Vietnam Apatit Limited Company.

- English abbreviation: VINA APACO,

- Registered capital (provisional): 364,675,000,000 Vietnamese dong,

- Main office: Pom Han Ward, Lao Cai Town, Lao Cai Province,

Article 2. Business activities:

Mining minerals; ore beneficiation and grinding; production of yellow phosphorus, NPK compound fertilizers, and various chemicals; mechanical product processing and manufacturing, steel casting; repair of equipment and machinery, and other activities as prescribed by law.

Article 3. Organization and operation:

1. The management structure of the Company includes the Board of Directors, General Director, and supporting staff.

2. The organization and operation of the Company are specifically regulated in the Company's Charter on organization and operation.

Article 4. The State Council authorized to represent the owner is the Board of Directors of the Vietnam Chemicals Corporation, located at No. 01 Trang Tien Street, Hoan Kiem District, Hanoi City.

The Board of Directors of the Vietnam Chemicals Corporation is responsible for exercising the rights of the owner according to Decree No. 63/2001/NĐ-CP dated September 14, 2001 of the Government and the Company's Articles of Association.

Article 5. The Joint Stock Company with One Member Apatit Vietnam is responsible for receiving and effectively utilizing the capital and assets transferred by the Board of Directors of the Vietnam Chemicals Corporation to fulfill the mission of developing production and business operations, and inheriting all rights and obligations of the Apatit Vietnam Company.

Article 6. The Board of Directors and General Director of the Joint Stock Company with One Member Apatit Vietnam are responsible for drafting the organizational and operational regulations of the Company to be submitted to the Board of Directors of the Vietnam Chemicals Corporation for approval.

Article 7. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

The Board of Directors of the Vietnam Chemicals Corporation, the General Director of the Apatit Vietnam Company, and the Board of Directors and General Director of the Joint Stock Company with One Member Apatit Vietnam are responsible for implementing this Decision.