Decision No. 21/2012/QĐ-TTg on the issuance of the Regulation on the management and use of the Enterprise Restructuring and Development Support Fund

Pursuant to …;

Regarding the issuance of the Regulation on management and use of the Fund for enterprise restructuring and development

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 109/2008/NĐ-CP dated October 10, 2008 of the Government on the sale and transfer of wholly state-owned enterprises;

Pursuant to Decree No. 25/2010/NĐ-CP dated March 19, 2010 of the Government on the conversion of state-owned companies into limited liability companies with one member and the organization of management of limited liability companies with one member owned by the State;

Pursuant to Decree No. 91/2010/NĐ-CP dated August 20, 2010 of the Government stipulating policies for redundant workers when restructuring state-owned limited liability companies with one member;

Pursuant to Decree No. 89/2013/NĐ-CP dated August 6, 2013 of the Government detailing implementation of certain provisions of the Price Law on appraisal;

At the proposal of the Minister of Finance;

The Prime Minister issues this Decision on the issuance of the Regulation on management and use of the Fund for enterprise restructuring and development,

Article 1. Transforming the Central Enterprise Restructuring Support Fund into the Fund for enterprise restructuring and development to centrally and uniformly manage and effectively utilize revenues from state capital contributions at enterprises, including revenues from the process of restructuring wholly state-owned enterprises.

Article 2. Issuing along with this Decision the Regulation on management and use of the Fund for enterprise restructuring and development to replace the Regulation on management and use of the Central Enterprise Restructuring Support Fund issued together with Decision No. 113/2008/QĐ-TTg dated August 18, 2008 of the Prime Minister.

Article 3. Cases that have been approved by the Prime Minister to use the Central Enterprise Restructuring Support Fund to increase registered capital, restructure financials, and supplement capital to maintain or increase the proportion of state capital participating in other enterprises before the effective date of this Decision shall be implemented according to the provisions set forth in this Decision.

Article 4. Entrusting the State Capital Investment Corporation to organize the custody of the Fund for enterprise restructuring and development to implement revenue and expenditure in accordance with the law and decisions of competent authorities; periodically reporting on the management and use of the Fund for enterprise restructuring and development to the Ministry of Finance for consolidation and reporting to the Prime Minister.

Article 5. The Ministry of Finance shall organize the management, inspection, supervision, and periodic reporting to the Prime Minister on the management and use of the Fund for enterprise restructuring and development in accordance with the law and this Decision.

Article 6. This Decision takes effect from July 1, 2012.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, municipal People's Committees directly under the central government, Board of Directors, Board of Management of parent companies of economic groups, state-owned corporations, and related enterprises are responsible for implementing the provisions of this Decision./.