Decree No. 19/2014/ND-CP issues the Model Charter for a Joint Stock Company with One Member Limited Liability owned by the State, applicable to companies under ministries and provincial People's Committees as stipulated in Clause 5, Article 3 of Decree No. 99/2012/ND-CP. Subsidiaries within economic groups, state-owned corporations, and Joint Stock Companies with One Member Limited Liability belonging to political and social organizations shall establish their Charters based on this model.
适用范围
A Joint Stock Company with One Member Limited Liability owned by the State, specifically subsidiaries within economic groups, state-owned corporations, and Joint Stock Companies with One Member Limited Liability belonging to political and social organizations.
要点
- Subsidiaries within economic groups and state-owned corporations shall base their Charters on the Model Charter to develop Charters suitable for their specific industries, submit them for approval by the Board of Members.
- Joint Stock Companies with One Member Limited Liability belonging to political and social organizations shall establish their Charters based on this model and submit them for review and approval by the competent authority.
- The Charter of a Commercial Bank owned by the State with 100% of the charter capital is regulated separately according to the Law on Credit Institutions.
- The Charter of a Joint Stock Company with One Member Limited Liability managing assets of credit institutions in Vietnam is regulated according to Decree No. 53/2013/ND-CP.
- This Decree takes effect from April 29, 2014.
🌐 本文件的社会影响
- Positive impact: Helps Joint Stock Companies with One Member Limited Liability owned by the State to establish Charters that are appropriate, ensuring effective operations.
- Negative impact: Requires time and resources to develop and adjust Charters according to the new model.
❓ 常见问题
What should subsidiaries within economic groups do?
Subsidiaries within economic groups need to base their Charters on the Model Charter to develop organizational and operational Charters suitable for their specific industries, then submit them for review and approval by the Board of Members of the parent company.
What should Joint Stock Companies with One Member Limited Liability belonging to political and social organizations do?
Joint Stock Companies with One Member Limited Liability belonging to political and social organizations need to base their Charters on the Model Charter to develop organizational and operational Charters, then submit them for review and approval by the competent authority.
To which companies does this Decree apply?
This Decree applies to Joint Stock Companies with One Member Limited Liability owned by the State, specifically subsidiaries within economic groups, state-owned corporations, and Joint Stock Companies with One Member Limited Liability belonging to political and social organizations.
When does this Decree take effect?
This Decree takes effect from April 29, 2014.
What should Joint Stock Companies with One Member Limited Liability managing assets of credit institutions in Vietnam do?
The Articles of Association of the Joint Stock Company with One Member for Managing the Assets of Vietnamese Credit Organizations shall be prescribed pursuant to Decree No. 53/2013/NĐ-CP.
全文
DECREE
Issuing the Model Ordinance for a Limited Liability Company with One Member Owned by the Statea member where the State is the owner
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Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Enterprise Law dated November 29, 2005;
At the proposal of the Minister of Planning and Investment;
The Government issues the Decree on the Model Ordinance for a Limited Liability Company with One Member Owned by the State.
Article 1. Attached to this Decree is the Model Ordinance for a Limited Liability Company with One Member Owned by the State (hereinafter referred to as the Model Ordinance).
Article 2. The Model Ordinance applies to companies under Ministries, Provincial People's Committees as stipulated in Clause 5, Article 3 of the Government's Decree No. 99/2012/NĐ-CP dated November 15, 2012 on the delegation and decentralization of the rights, responsibilities, and obligations of state owners towards state-owned enterprises and state capital invested in enterprises.
Article 3.
1. Subsidiaries that are limited liability companies with one member within state economic groups and state corporations shall base their organizational and operational charter on the structure and content of the Model Ordinance, adapting it to the specific industry and field of operation, and submit it to the Board of Members of the parent company for review and approval.
2. Limited liability companies with one member under political organizations and political-social organizations shall base their organizational and operational charter on the structure and content of the Model Ordinance, adapting it to the specific industry and field of operation, and submit it to the competent authority for review and approval.
3. The organizational and operational charter of state economic groups and state corporations as stipulated in Clause 2, Article 7 of the Government's Decree No. 99/2012/NĐ-CP dated November 15, 2012 on the delegation and decentralization of the rights, responsibilities, and obligations of state owners towards state-owned enterprises and state capital invested in enterprises shall be issued separately by the Government according to a separate decree.
4. The ordinance of commercial banks owned by the State with 100% of the charter capital as provided for in the Law on Credit Institutions.
5. The ordinance of the Limited Liability Company with One Member managing assets of credit institutions in Vietnam as provided for in the Government's Decree No. 53/2013/NĐ-CP dated May 18, 2013 on the establishment, organization, and operation of Asset Management Companies of Credit Institutions in Vietnam.
Article 4. This Decree takes effect from April 29, 2014.
Article 5. The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities, Boards of Members or Chairmen of Limited Liability Companies with One Member owned by the State, and related organizations and individuals are responsible for implementing this Decree.
The Minister of Planning and Investment is responsible for monitoring the implementation of this Decree./.
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SIGNATURE OF THE GOVERNMENT Nguyen Tan Dung |
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