Decision No. 127/2004/QD-BCN on the conversion of the Electric Light Bulb Company to the Electric Light Bulb Joint Stock Company

DECISION

Regarding the transfer of the Electric Light Bulb Company name,

to the Electric Light Bulb Joint Stock Company

 _______________

THE MINISTER OF INDUSTRY

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 64/2002/NĐ-CP dated June 19, 2002 of the Government on the conversion of state-owned enterprises into joint-stock companies;

Considering the proposal of the Electric Light Bulb Company (document No. 1794/2004 dated November 4, 2004), the plan for the conversion of the Electric Light Bulb Company into a joint stock company, and the verification report on the plan by the Enterprise Reform and Development Board of the Ministry dated November 9, 2004;

At the proposal of the Enterprise Reform and Development Board and the Director of the Organization and Cadre Department,

DECISION:

Article 1. Approves the plan for the conversion of the Electric Light Bulb Company (a subsidiary under the Ministry of Industry) into a joint stock company, including the following main points:

The charter capital of the joint stock company is 23,500,000,000 VND (Two billion three hundred million VND). Of which:

- State shareholding ratio: 51.00%;

- The proportion of shares sold to employees within the company: 49.00%.

Value of one share: 100,000 VND.

2. The actual value of the Electric Light Bulb Company at the time of December 31, 2003 for the purpose of conversion (Decision No. 2911/QĐ-TCKT dated November 3, 2004 of the Ministry of Industry) is 245,318,140,885 VND. Among this, the actual value of the State-owned capital in the company is 15,984,522,996 VND.

The total number of preferential shares sold to 1,138 employees within the company is 155,150 shares with a preferential value of 3,454,500,000 VND.

4. Regarding the costs of conversion, retraining of employees, and resolution of surplus labor, the company will process the necessary procedures and report to the Ministry of Industry and relevant state authorities for approval according to current regulations.

Article 2. Transfer the Electric Light Bulb Company to the Electric Light Bulb Joint Stock Company,

- International trade name: DIEN QUANG LAMP JOINT STOCK COMPANY;

- Abbreviation:dq;

- Main office: 121-123-125 Ham Nghi Street, District 1, Ho Chi Minh City.

Article 3. The joint stock company engages in the following business activities:

- Production and trading of various types of light bulbs, ballasts, starters, electrical wires, lighting equipment; glass tubes and other glass products;

- Trading of raw materials, supplies, chemicals, spare parts for lighting equipment, household and industrial electrical appliances;

- Import and export of various types of light bulbs, lighting equipment, electrical appliances;

- Commercial and tourism services;

- Consulting, designing, installation, maintenance of electrical systems, lighting systems in industrial and residential projects;

- Construction of civil, industrial works and infrastructure;

- Engaging in other businesses in accordance with the provisions of the law.

Article 4. The Electric Light Bulb Joint Stock Company is a legal entity under Vietnamese law from the date of registration for business operations; it may use its own seal and open bank accounts in accordance with the law; it shall organize and operate in accordance with the Articles of Association of the joint stock company and the Law on Enterprises.

Article 5. The Electric Light Bulb Company shall organize the sale of shares and convene the first General Meeting of Shareholders of the Electric Light Bulb Joint Stock Company in accordance with current regulations.

The General Director and Chief Accountant of the Electric Light Bulb Company are responsible for managing the company's operations until the full transfer of capital, assets, labor, and land to the Board of Directors and General Director of the joint stock company.

Article 6. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments and Bureaus under the Ministry, the General Director of the Electric Light Bulb Company, and the Chairman of the Board of Directors and General Director of the Electric Light Bulb Joint Stock Company are responsible for implementing this Decision./.