Decision No. 25/2002/QĐ-BKHCNMT on the issuance of the Charter of Organization and Operation of the Technology Application and Development Company.

 

Pursuant to …;

On the issuance of the Charter on organization and operation of the Technology Application and Development Company

MINISTER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT 

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on the tasks, powers, and organizational structure of the Ministry of Science, Technology and Environment;

Pursuant to Decision No. 68/1998/QĐ-TTg dated March 27, 1998 of the Prime Minister allowing the pilot establishment of state-owned enterprises in training institutions and research facilities;

Pursuant to Decision No. 617/QĐ-BKHCNMT dated March 22, 2002 of the Minister of Science, Technology and Environment on the establishment of the Technology Application and Development Company under the Vietnam Atomic Energy Institute;

At the proposal of the Directors of the Vietnam Atomic Energy Institute and the Department of Organization and Scientific Personnel.

DECIDES:

Article 1. The Charter on organization and operation of the Technology Application and Development Company is hereby issued together with this Decision.

The Charter consists of 8 chapters and 24 Articles.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

The Heads of the Ministry's Office, Director of the Vietnam Atomic Energy Institute, Director of the Technology Application and Development Company, Head of the Department of Organization and Scientific Personnel, and Heads of related units shall be responsible for implementing this Decision.

 

 

CHARTER

ORGANIZATION AND OPERATION OF THE TECHNOLOGY APPLICATION AND DEVELOPMENT COMPANY
(Issued together with Decision No. 25/2002/QĐ-BKHCNMT dated May 6, 2002 of the Minister of Science, Technology and Environment)

Chapter 1:
GENERAL PROVISIONS

Article 1. The Technology Application and Development Company (hereinafter referred to as the Company) was established pursuant to Decision No. 617/QĐ-BKHCNMT dated March 22, 2002 of the Minister of Science, Technology and Environment as a state-owned enterprise under the Vietnam Atomic Energy Institute of the Ministry of Science, Technology and Environment. The Company has its own legal personality, its own seal, independent economic accounting, and accounts in both Vietnamese and foreign currencies at banks.

Seal and emblem;

- Foreign trade name is:

NEAD TECHNOLOGY APPLICATION AND DEVELOPMENT COMPANY

- Abbreviation: NEAD

- Main office located at: 59 Ly Thuong Kiet Street, Hoan Kiem District, Hanoi.

- Scope of operations:

The Company is permitted to operate throughout the entire territory of the Socialist Republic of Vietnam.

The Company may establish branches and representative offices within the country and abroad in accordance with the laws of the Socialist Republic of Vietnam, the host countries, and international practices.

Article 2. The Company operates in accordance with the Law on State-Owned Enterprises and current legal regulations.

Article 3. The Minister of Science, Technology and Environment authorizes the Director of the Vietnam Atomic Energy Institute to directly manage the Company.

Article 4. In production, business, and scientific and technological service activities, the Company is responsible for its commitments.

Article 5. The Company conducts production, business, and scientific and technological service activities based on compliance with Vietnamese policies and laws, relevant international legal provisions, and this Charter.

Chapter 2:
OBJECTIVES - FIELD OF ACTIVITY

Article 6. The purpose of the Company's activities is to promote and support scientific research and technological development through production, business, import-export services, and cooperation-investment-joint ventures with foreign countries, thereby contributing to the advancement of the national economy and science and technology.

Article 7. The fields of production, business, and service activities of the Company include:

1. Providing the following services:

- Consulting on technology transfer and investment in nuclear energy and radiation technology fields.

- Implementing scientific and technological services in nuclear energy, radiation technology, radiation safety and control, environmental technology, information technology, industrial electricity, and household electricity.

- Construction and installation of scientific, technical, civil engineering projects, air conditioning, refrigeration, and radiation-related works.

2. Import-export business, including:

- Import-export of materials, machinery, and equipment in scientific and technological fields such as nuclear energy, radiation safety, biotechnology, healthcare, IT equipment, telecommunications, household and industrial electrical equipment, transportation means, construction equipment, refrigeration and air conditioning equipment, chemicals and laboratory and production equipment, office supplies, consumer goods, and production materials.

- Import-export of experts and technical personnel.

- Business in scientific and technological books and journals on paper and CD-ROMs.

- Other business and scientific and technological service activities consistent with the functions of the Company and current laws.

3. Acting as agent for purchasing and selling, consignment, and trading in industrial and household materials and goods in accordance with the law.

4. Based on practical experience in production and business, the Company may adjust its activities after approval by the Ministry of Science, Technology and Environment.

Chapter 3:
RESPONSIBILITIES AND LIMITATIONS OF THE VIETNAM ATOMIC ENERGY INSTITUTE TOWARDS THE COMPANY

Article 8. Directly managing the Company pursuant to the authorization of the Minister of Science, Technology and Environment.

Article 9. Directing the Company to operate according to its assigned functions and responsibilities and being accountable to the Minister of Science, Technology and Environment for compliance with state laws and policies and the effectiveness of the Company's production and business activities.

Article 10. Submitting to the Minister of Science, Technology and Environment for approval, amendment of the Charter on organization and operation; appointing, dismissing, rewarding, and disciplining the position of General Director of the Company. Discussing and agreeing for the General Director to submit to the Minister of Science, Technology and Environment regarding the appointment, dismissal, reward, and discipline of Deputy General Directors and Chief Accountants of the Company.

Article 11. Implementing the transfer of physical assets such as working premises, workshops, equipment, and capital to the Company in accordance with the law; supervising the Company in the management and use of transferred physical assets and capital.

Article 12. Transferring scientific and technological results from research and trials, investment projects, creating favorable conditions for the Company to conduct effective production and business activities.

Article 13. Process the procedures to reissue corporate income tax paid in the previous year of the Company when meeting the conditions stipulated by law and have the responsibility to manage this amount of money in accordance with the current financial management regulations of the State.

Chapter 4:
RESPONSIBILITIES AND LIMITS OF THE COMPANY

Article 14. The Company has the following main responsibilities:

1. Register for business and operate within the registered industry. Bear responsibility before the Vietnam Atomic Energy Institute, the Ministry of Science and Technology and Environment, and the State regarding the results of the Company's operations, and bear responsibility before customers and the law regarding products and services provided by the Company.

2. Develop and implement production, business, and service plans.

3. Manage exploitation and use capital resources effectively that are assigned and self-raised; ensure investment and expansion of production, business, and service activities. Safeguard and develop capital, assets, buildings, and land assigned by the State to the Company.

4. Adhere to all policies, systems, and regulations concerning labor, wages, asset management, finance, and be responsible for the Company's financial activities.

5. Fully fulfill tax obligations and budget payments to the State as prescribed by law.

6. Coordinate with units of the Vietnam Atomic Energy Institute, the Ministry of Science and Technology and Environment, and related units to implement well the policies and work plans of the Institute and the Ministry, while ensuring the Company's activities are in the right direction and effective.

7. Be subject to the direction of the Vietnam Atomic Energy Institute; comply with inspection regulations of financial authorities and other competent state agencies as prescribed by law.

Article 15. The Company has the following rights:

1. Financial autonomy, able to borrow domestic currency and foreign currency from Vietnamese banks. Mobilize investment capital and invest capital outside the Company after being proposed by the Director of the Vietnam Atomic Energy Institute and approved by the Minister of Science and Technology and Environment.

2. Sign and implement economic contracts with production, business, and service units belonging to various economic sectors.

3. Negotiate, sign, and implement trade contracts with foreign countries according to current state regulations and international laws in its production and business activities.

4. Collect and provide information on world economics and markets; promote and advertise to develop the Company's influence and reputation domestically and internationally according to current state regulations.

5. Establish Branches and Representative Offices in domestic and foreign locations according to current state regulations.

Chapter 5:
ORGANIZATION AND MANAGEMENT STRUCTURE

Article 16. The head of the Company is the General Director of the Company. The General Director is the legal representative of the Company, organizes and manages all activities of the Company through the Articles of Association, under the director system, and is responsible before the Director of the Vietnam Atomic Energy Institute, the Minister of Science and Technology and Environment, and the law for all activities of the Company.

To fulfill these responsibilities, the General Director has duties and powers as prescribed by the Law on State-Owned Enterprises.

Article 17. Assistant to the General Director includes several Deputy General Directors and a Chief Accountant. Deputy General Directors have the responsibility to assist the General Director in managing one or more areas of the Company's activities as assigned by the General Director and are responsible before the General Director and the law for the tasks assigned by the General Director.

The Chief Accountant of the Company assists the General Director in directing and organizing accounting and statistical work of the Company; has rights, duties, and responsibilities as prescribed by law.

Article 18. The organizational structure of the Company is decided by the General Director of the Company. The General Director of the Company is responsible for defining specific tasks of subordinate units of the Company; decides on the appointment, dismissal, rewards, and disciplinary actions for staff of subordinate units of the Company.

Article 19. Recruitment, signing of labor contracts, management of staff, workers, and employees in the Company are carried out according to the law and the delegation of authority from the Vietnam Atomic Energy Institute and the Ministry of Science and Technology and Environment.

Labor, wage, and social insurance systems of the Company are implemented according to current state regulations applicable to state-owned enterprises.

Chapter 6:
CAPITAL AND FINANCIAL ISSUES

Article 20.

1. Capital of the Company includes sources of capital as prescribed by the State, reflected in the balance sheet of the Company.

2. Funds of the Company are established and used in accordance with the principles set by the State.

3. The Company implements financial, accounting, statistical, budget settlement, and reporting systems in accordance with current regulations.

4. Profit available for use by the Company is the remaining portion of total revenue minus total expenses and taxes and budget payments to the State as prescribed by law.

5. Economic and financial analysis of the Company is conducted once a year.

6. The fiscal year of the Company begins on January 1 and ends on December 31 of each calendar year.

Article 21. The Company has the right to determine prices or negotiate prices related to production, business, and services with domestic and foreign customers in accordance with current regulations.

Chapter 7:
TERMINATION OF THE COMPANY'S OPERATIONS

Article 22. The termination of the Company's operations shall be carried out in accordance with the relevant laws. The Company will cease operations in the following cases:

1. The Company's scientific production, business, and technology transfer activities suffer losses amounting to three-quarters of its capital.

2. When the Company's production, business, and service activities seriously violate state policies and laws.

3. The Company fails to fulfill assigned tasks even after implementing necessary measures.

4. It is no longer necessary to maintain the Company.

5. The Company falls into a situation requiring cessation of operations as stipulated by the Enterprise Bankruptcy Law.

Chapter 8:
IMPLEMENTING PROVISIONS

Article 23. These Bylaws shall take effect fifteen days from the date of issuance decision signing.

Article 24. Any amendments or supplements to these Bylaws shall be proposed by the Director of the Vietnam Atomic Energy Institute in coordination with the Head of the Department of Organization and Scientific Personnel, and decided upon by the Minister of Science, Technology, and Environment.