Decision No. 166/2004/QĐ-BCN On the conversion of Haiphong Glass Company into Beer-Wine-Beverage Packaging Joint Stock Company

Pursuant to …;

Regarding the transfer of Haiphong Glass Company

into Beer-Wine-Distilled Beverages Packaging 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 Hanoi Beer - Wine - Beverage Corporation (Proposal No. 457/TTr-HĐQT dated December 3, 2004), the privatization plan for Haiphong Glass Company and the appraisal report of the Enterprise Reform and Development Board of the Ministry dated December 7, 2004;

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

DECISION:

Article 1. Approves the privatization plan for Haiphong Glass Company (a subsidiary operating independently under Hanoi Beer - Wine - Beverage Corporation) comprising the following main points:

The charter capital of the joint stock company is 20,000,000,000 Vietnamese dong (Twenty billion Vietnamese dong). Of which:

- Shareholding ratio sold outside the company: 10.04%.

- Proportion of shares sold to employees within the company: 41.30%;

- Proportion of shares sold outside the company: 7.70%.

The value of one share: 100,000 VND.

2. The actual value of Haiphong Glass Company at the valuation date of March 31, 2004 for privatization (Decision No. 3165/QĐ-TCKT dated November 26, 2004 of the Ministry of Industry) is 10,757,296,590 Vietnamese dong. Of which, the actual value of the State capital in the company is 7,172,741,165 Vietnamese dong.

Additional capital from Hanoi Beer - Wine - Beverage Corporation for the company is 13,000,000,000 Vietnamese dong (Decision No. 48/2004/QĐ-HĐQT dated December 2, 2004 of Hanoi Beer - Wine - Beverage Corporation).

3. Preferential treatment for employees of the Company.

The total number of preferential shares sold to 216 employees within the company is 46,700 shares with a preferential value of 1,401,000,000 Vietnamese dong.

4. Regarding privatization costs, retraining of employees and surplus labor resolution, the company shall process and report to Hanoi Beer - Wine - Beverage Corporation and relevant state agencies for approval in accordance with current regulations.

Article 2. Transfer Haiphong Glass Company into Beer - Alcohol - Beverage Packaging Joint Stock Company,

- International trade name: BEER - ALCOHOL - BEVERAGE PACKAGING JOINT STOCK COMPANY;

- Abbreviation: BALPAC;

- Head office: 47 Ngo Quyen Street, Ngo Quyen District, Hai Phong City.

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

- Production and trading of packaging materials for beer, wine, and beverage industries;

- Production and trading of specialized materials for glass industry;

- Trading and import/export of beer, wine, beverage products and raw materials, materials, equipment for beer, wine, and beverage industries;

- Warehousing rental services;

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

Article 4. Beer - Alcohol - Beverage Packaging 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; organize and operate according to the Articles of Association of the joint stock company and the Enterprise Law.

Article 5. Hanoi Beer - Wine - Beverage Corporation is responsible for directing Haiphong Glass Company to sell shares and organize the first General Meeting of Shareholders of the joint stock company in accordance with current regulations.

The Director and Chief Accountant of Haiphong Glass 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 Manager 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 Chairman of the Board of Directors, and the General Director of Hanoi Beer - Wine - Beverage Corporation, the Director of Haiphong Glass Company, and the Chairman of the Board of Directors and the General Director of Beer - Alcohol - Beverage Packaging Joint Stock Company are responsible for implementing this Decision./.