Decision No. 16/2005/QD-BCN On the transfer of Pha Lai Thermal Power Plant to an independent accounting member company under Vietnam Electricity Corporation

Pursuant to …;

Regarding the conversion of Pha Lai Thermal Power Plant into a subsidiary independent accounting entity under Vietnam Electricity Corporation

the independent accounting unit under the Vietnam Electricity Corporation

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. 180/2004/NĐ-CP dated October 28, 2004 of the Government on the establishment, restructuring, and dissolution of state-owned enterprises;

Pursuant to Decision No. 12/2005/QĐ-TTg dated January 13, 2005 of the Prime Minister approving the supplementary restructuring and modernization plan for state-owned enterprises under Vietnam Electricity Corporation until 2005;

Considering the proposal of the Board of Directors of Vietnam Electricity Corporation at Report No. 113/TTr-EVN-HĐQT dated March 24, 2005 regarding the transformation of Pha Lai Thermal Power Plant into an independent accounting subsidiary;

At the suggestion of the Director of the Department of Organization and Cadres,

DECISION:

Article 1. Convert Pha Lai Thermal Power Plant, a dependent accounting unit, into Pha Lai Thermal Power Company, an independent accounting subsidiary of Vietnam Electricity Corporation.

1. Enterprise name: Pha Lai Thermal Power Company;

International trade name: Pha Lai Thermal Power Company;

Abbreviation: PLTPC;

2. The company's headquarters is located in Pha Lai Town, Chi Linh District, Hai Duong Province;

3. Pha Lai Thermal Power Company shall have legal person status, operate an independent economic accounting system, be entitled to use its seal, open bank accounts, and establish credit relationships with domestic and foreign banks in accordance with the law.

Article 2.

1. Business activities of the company:

- Production and trading of electric power;

- Managing, operating, maintaining, repairing, testing, calibrating, and upgrading electrical equipment, thermal power plants, and architectural works of the power plant;

- Training and development of human resources for management, operation, maintenance, and repair of power plant equipment;

- Purchasing, selling, importing, and exporting materials and equipment;

- Project investment construction planning, project investment construction management, and construction supervision consultancy;

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

2. The Charter Capital of the Company as of December 31, 2004 is: 669,016,000,000 VND (Six hundred sixty-nine billion, one hundred sixteen million VND).

Article 3. The organizational structure of the company includes:

1. General Director,

2. Deputy General Directors,

3. Chief Accountant,

4. Technical and operational departments,

5. Operation and repair workshops.

Article 4. Pha Lai Thermal Power Company is responsible for completing all business registration procedures and operating according to the Company's Charter approved by the Board of Directors of Vietnam Electricity Corporation, in accordance with the Law on State-Owned Enterprises and other relevant laws.

Article 5. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments and Bureaus under the Ministry, Chairman of the Board of Directors and General Director of Vietnam Electricity Corporation, Director of Pha Lai Thermal Power Company are responsible for implementing this Decision./.