Circular No. 182/2016/TT-BQP guides the public disclosure of financial information of state-owned enterprises under the Ministry of National Defense and enterprises with state capital contributions where the Ministry of National Defense is the principal owner.

CIRCULAR

Guidelines for disclosing financial information of state-owned enterprises under the Ministry of National Defense and enterprises with state capital contributions

where the Ministry of National Defense is the owner HAPPY

Pursuant to the Law on Management and Use of State Capital for Investment in Business Operations at Enterprises dated November 26, 2014;

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Pursuant to the Government Decree No. 87/2015/NĐ-CP dated October 6, 2015 on supervision of state capital investment in enterprises; financial supervision, evaluation of business performance, and disclosure of financial information of state-owned enterprises and enterprises with state capital;

Based on the Enterprise Law dated November 26, 2014;

Pursuant to the Government Decree No. 81/2015/NĐ-CP dated September 18, 2015 on publicizing information of state-owned enterprises;

Pursuant to the Government Decree No. 93/2015/NĐ-CP dated October 15, 2015 on organization, management, and operation of defense and security enterprises;

At the proposal of the Director of the Department of Economy;

The Minister of National Defense issues this Circular to stipulate the tasks and powers of agencies and units under the Ministry of National Defense, military district command offices of central ministries and sectors regarding national defense education and security; training in national defense and security knowledge within the Vietnam People's Army.

The Minister of National Defense issues this Circular guiding the disclosure of financial information of state-owned enterprises under the Ministry of National Defense and enterprises with state capital contributions where the Ministry of National Defense is the owner.

This Circular guides the disclosure of financial information of state-owned enterprises under the Ministry of National Defense and enterprises with state capital contributions where the Ministry of National Defense is the owner.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Enterprises holding 100% of the charter capital by the Ministry of National Defense as the owner, including:

Article 2. Applicability

a) Defense and security enterprises established and operated according to the provisions of Government Decree No. 93/2015/NĐ-CP.

b) Economic groups,总公司部门，请继续翻译剩余部分，确保内容的完整性和准确性。由于之前的回答被截断了，我需要你从第13行开始继续翻译，保持文本的专业性和一致性。请注意，输出应严格按照输入格式，每行编号后跟翻译内容，不添加任何额外信息或解释。

b) Economic group, State-owned corporation, Limited liability company with one member operating under the parent-subsidiary company model, established by the Prime Minister or the Minister of National Defense.

c) Limited liability company with one member (Independent company), established by the Minister of National Defense.

2. The representative of the state capital invested by the Ministry of National Defense in joint-stock companies and limited liability companies with two or more members.

3. Agencies, units, enterprises, and other individuals related to the public disclosure of financial information of state-owned enterprises under the Ministry of National Defense and enterprises with state capital investment by the Ministry of National Defense.

Article 3. Public Disclosure System for Financial Information

1. Enterprises under point a, Clause 1, Article 2 of this Circular shall publicly disclose periodic information in accordance with Article 39 of Decree No. 87/2015/NĐ-CP, except for contents that cannot be disclosed due to national defense and security secrets. Reports shall be submitted to the Ministry of National Defense (through the Department of Economy/MND, the Department of Finance/MND).

2. Enterprises under points b and c, Clause 1, Article 2 of this Circular shall be responsible for sending all periodic public information as prescribed in Article 39 of Decree No. 87/2015/NĐ-CP to the Ministry of National Defense (through the Department of Economy/MND, the Department of Finance/MND).

3. The Department of Economy/MND shall coordinate with the Department of Finance/MND and relevant agencies to compile reports for the head of the Ministry of National Defense, and simultaneously propose information to be sent to the Ministry of Planning and Investment, the Ministry of Finance for monitoring or reporting to the Prime Minister when necessary.

After obtaining the consent of the head of the Ministry of National Defense, notify enterprises to publish information through the means and forms prescribed in Article 5 of Decree No. 81/2015/NĐ-CP.

4. For representatives of state capital in joint-stock companies and limited liability companies with two or more members, implement the public disclosure of financial information as stipulated in Article 39 of Decree No. 87/2015/NĐ-CP according to the means and forms prescribed by law and the company's charter; at the same time, send all required public information to the Ministry of National Defense (through the Department of Economy/MND, the Department of Finance/MND) for compilation and reporting.

Article 4. Purpose and requirements for publicly disclosing financial information

1. Public disclosure of information must ensure the purposes and requirements stipulated in Article 38 of Decree No. 87/2015/NĐ-CP.

2. Subjects disclosing information shall manage and retain reported and disclosed information in accordance with the provisions of the law.

3. In cases where there is a change in the content of previously disclosed information, enterprises must simultaneously report and provide a written explanation to the head of the Ministry of National Defense (through the Economic Department/MND, the Finance Department/MND).

Article 5. Content of public disclosure of financial information

1. Enterprises shall disclose the semi-annual Financial Report and the annual Financial Report (audited) including: Balance Sheet; Profit and Loss Statement; Cash Flow Statement; Notes to the Financial Statements in accordance with the accounting laws.

For enterprises operating under the parent company-subcompany model, when disclosing the annual Financial Report (audited), the enterprise must also disclose the annual Financial Report of the parent company and the consolidated annual Financial Report.

2. Enterprises shall disclose the Financial Report of the enterprise together with the audit recommendations, opinions of the state capital representative body and the finance authority on the Financial Report and the financial situation of the enterprise.

3. Disclose information about income and average income of employees; compliance with obligations towards employees regarding health insurance, social insurance, unemployment benefits (if applicable); monthly salary, remuneration, bonuses, and income of each managerial staff member of the enterprise in the previous year.

4. Enterprises subject to point a Clause 1 Article 2 of this Circular shall disclose information as mentioned above, except for contents that cannot be disclosed due to national defense and security secrets.

Article 6. Forms and languages for public disclosure of financial information

1. For disclosure through the electronic portal, the date of disclosure is the date the information appears on the public disclosure medium. For disclosure via fax or electronic data transmission, the date of disclosure is the date of sending the fax or electronic data (via email or through the information technology system receiving reports).

2. For disclosure through the submission of a written report, the date of disclosure is the date the owner receives the written disclosure.

3. Disclosure of information to employees shall be carried out through the following forms:

a) On the enterprise's electronic information page

b) Publishing publications

c) Posting at the enterprise

d) Announcing at the Workers' Congress

e) Other forms prescribed by law

4. The language for the public disclosure of financial information of enterprises must be Vietnamese. Where the law requires additional disclosure in another language, the language for public disclosure includes Vietnamese and the other language as prescribed.

Chapter II
PUBLIC DISCLOSURE OF ENTERPRISE FINANCIAL INFORMATION

Article 7. Disclosure to the Ministry of National Defense

1. The disclosure process for subjects specified in Clause 1 Article 2 of this Circular is as follows:

a) For enterprises directly under the Ministry of National Defense, submit the disclosure content to the Ministry of National Defense (through the Economic Department/MND, the Finance Department/MND) along with any audit comments (if any).

- The Economic Department/MND shall take the lead in coordinating with the Finance Department/MND and relevant agencies to review and consolidate the disclosure content, and report to the head of the Ministry of National Defense for approval.

- After obtaining the approval of the head of the Ministry of National Defense for the disclosure content, the enterprise shall disclose the information in accordance with Article 4 of this Circular.

b) For enterprises under the direct units of the Ministry of National Defense, submit the financial information disclosure content to the head of the unit (through relevant agencies for review).

- After the relevant agencies have reviewed and consolidated the financial information disclosure content of the enterprises under their jurisdiction, they shall submit it to the head of the unit for signature, and send the review report, along with the enterprise's financial information disclosure report and any audit comments (if any) to the Ministry of National Defense (through the Economic Department/MND, the Finance Department/MND).

- After obtaining the approval of the head of the Ministry of National Defense for the disclosure content, the enterprise shall disclose the information in accordance with Article 4 of this Circular.

c) For enterprises specified in point b Clause 1 Article 2 of this Circular, the subsidiary has the responsibility to submit the financial information disclosure content to the parent company.

- The parent company shall review and sign off on the disclosure content, along with the subsidiary's financial information disclosure report and any audit comments (if any), and send them to the Ministry of National Defense (through the Economic Department/MND, the Finance Department/MND) or the direct unit of the Ministry of National Defense.

- In the case where the parent company sends the disclosure content to the Ministry of National Defense (through the Economic Department/MND, the Finance Department/MND), the disclosure process shall follow the procedure specified in point a Clause 1 of this Article.

- In the case where the parent company sends the disclosure content to the direct unit of the Ministry of National Defense (simultaneously sending the disclosure content to the Economic Department/MND), the disclosure process shall follow the procedure specified in point b of this Article.

2. The disclosure process for subjects specified in Clause 2 Article 2 of this Circular is as follows:

The state capital representative managed by the Ministry of National Defense in joint-stock companies and limited liability companies with two or more members shall cooperate with the Board of Directors and the Board of Members to disclose the enterprise's financial information in accordance with the law and the enterprise's charter; and report the disclosed information to the Ministry of National Defense (through the Economic Department/MND, the Finance Department/MND).

Article 8. Public Disclosure on Electronic Information Website

Enterprises must establish an electronic information website no later than three (03) months from the date this Circular takes effect. The electronic information website must have a separate section for the public disclosure of financial information of the enterprise. The enterprise is responsible for updating the information when there are changes to the content of the public disclosure of financial information.

The person responsible for public disclosure of information must notify the owner of the address of the electronic information website and any changes related to this address within three (03) working days from the completion of establishing the electronic information website or the date of change to the address of the electronic information website.

In case the enterprise does not have the necessary conditions to operate the electronic information website within three (03) months from the date this Circular takes effect, it must register with the owner to implement the public disclosure of the contents of information specified on the electronic information website of the owner.

Article 9. Timeframe for Public Disclosure of Financial Information

The deadline for submitting the report on the public disclosure of financial information of enterprises to the Ministry of National Defense (through the General Department of Economy/MND, the Finance Department/MND) is before July 30 of the reporting year for the Semi-annual Financial Report; before May 15 of the following year for the Annual Financial Report.

Article 10. Responsibility for Public Disclosure of Financial Information

The public disclosure of information shall be carried out by the legal representative of the enterprise or the authorized person to disclose information, and they shall be responsible for the accuracy, timeliness, and completeness of the disclosed information.

Chapter III
PUBLIC DISCLOSURE OF INFORMATION BY THE REPRESENTATIVE OF THE OWNER

Article 11. Responsibilities for Public Disclosure of the Ministry of National Defense

1. The General Department of Economy/MND is responsible for coordinating with the Finance Department/MND and relevant agencies to compile the contents of the public disclosure of information reports to the Head of the Ministry of National Defense for approval; regularly publicizing information on the electronic portal regarding the list of enterprises managed by the Ministry of National Defense and the state's share capital in these enterprises; the contents of information disclosure as stipulated in Article 42 of Decree No. 87/2015/NĐ-CP.

2. Enterprises are responsible for publicly disclosing their financial situation and business results according to Appendix No. 02 and Appendix No. 03 issued together with this Circular, and reporting to the Ministry of National Defense (through the General Department of Economy/MND, the Finance Department/MND) before June 15 each year.

3. The Finance Department/MND is responsible for coordinating with the General Department of Economy/MND to prepare reports submitted to the Ministry of Finance on the implementation of the public disclosure of financial information of the Ministry of National Defense and enterprises according to Appendix No. 01 issued together with this Circular before June 30 each year.

Article 12. Responsibilities for Public Disclosure of the Parent Company

1. Implement the public disclosure of financial information of enterprises for wholly-owned subsidiaries with 100% capital from the parent company immediately upon receipt of notification from the General Department of Economy/MND about the content that needs to be disclosed by the Head of the Ministry of National Defense.

2. Conduct supervision and submit supervisory reports for enterprises with more than 50% of the subscribed capital (through the General Department of Economy/MND, the Finance Department/MND) for compilation and reporting.

Chapter IV
IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from December 23, 2016.

Article 14. Responsibility for Implementation and Organization of Execution

1. The heads of agencies, units, organizations, enterprises, and individuals related to this Circular shall be responsible for its implementation.

2. The Economic Department/MOD shall take the lead and coordinate with functional agencies and subordinate units under the Ministry of National Defense to inspect, urge, and supervise the public disclosure of information by enterprises and state capital management representatives in accordance with this Circular.

3. In the course of implementation, if there are difficulties or obstacles, relevant agencies, units, organizations, enterprises, and individuals shall promptly reflect them to the Ministry of National Defense (through the Economic Department/MOD and the Finance Department/MOD) for consideration and resolution.

 

NAME OF THE REPRESENTATIVE OF THE OWNER'S AGENCY

ANNEX I

PUBLIC DISCLOSURE OF STATE CAPITAL INVESTMENT IN ENTERPRISES IN YEAR ...
(Annexed to Circular No. 182/2016/TT-BQP dated November 8, 2016 of the Ministry of National Defense)

Unit: million dong

 

 

NAME OF THE REPRESENTATIVE OF THE OWNER'S AGENCY

ANNEX II

PUBLIC DISCLOSURE OF BUSINESS OPERATIONS AND PRODUCTION RESULTS OF ENTERPRISES IN YEAR...
(Annexed to Circular No. 182/2016/TT-BQP dated November 8, 2016 of the Ministry of National Defense)

Unit: million dong

 

 

NAME OF THE REPRESENTATIVE OF THE OWNER'S AGENCY

ANNEX III

PUBLIC DISCLOSURE OF BUSINESS OPERATIONS AND PRODUCTION RESULTS OF ENTERPRISES IN YEAR...
(Annexed to Circular No. 182/2016/TT-BQP dated November 8, 2016 of the Ministry of National Defense)

Unit: million dong