Decision No. 283/2006/QD-TTg approves the Project to transfer the Agricultural Construction Corporation and Rural Development Corporation to the holding company - subsidiary model. The holding company is a state-owned enterprise with its own legal personality separate from subsidiaries and associated companies, responsible for preserving and developing state capital. The Decision also assigns the Minister of Agriculture and Rural Development to direct the implementation of this Project.
Đối tượng áp dụng
Ministry of Agriculture and Rural Development, Agricultural Construction Corporation and Rural Development Corporation, subsidiaries and associated companies.
Các điểm cốt lõi
- The holding company - Agricultural Construction Corporation and Rural Development Corporation is a state-owned enterprise with its own legal personality, responsible for preserving and developing state capital at the Corporation and subsidiaries and associated companies.
- Subsidiaries and associated companies shall be organized and operate in accordance with the Enterprise Law corresponding to the legal form of each company.
- The Minister of Agriculture and Rural Development is responsible for directing the implementation of the Project, deciding on the establishment of the holding company, approving the Charter of organization and operation of the holding company, and implementing the corporatization of the Corporation in 2007.
- The holding company succeeds the legal rights and obligations of the Agricultural Construction Corporation and Rural Development Corporation.
- The Charter of organization and operation of the holding company is stipulated in the Project.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Creates opportunities for subsidiaries and associated companies to develop independently, enhancing the efficiency of state capital management.
- Negative impact: May cause instability during the transition period to the new organizational structure.
❓ Câu hỏi thường gặp
What responsibilities will the holding company have?
The holding company - Agricultural Construction Corporation and Rural Development Corporation will be responsible for preserving and developing state capital at the Corporation and subsidiaries and associated companies.
When does this decision take effect?
This Decision takes effect fifteen days from the date of publication in the Official Gazette.
How will the holding company be established?
The Minister of Agriculture and Rural Development will decide on the establishment of the holding company in accordance with current regulations.
How will subsidiaries and associated companies operate?
Subsidiaries and associated companies shall be organized and operate in accordance with applicable laws corresponding to the legal form of each company.
When will the corporatization of the Corporation take place?
The corporatization of the Agricultural Construction Corporation and Rural Development Corporation will be implemented in 2007 in accordance with current regulations.
Toàn văn
DECISION OF THE PRIME MINISTER
Approving the Project to Transfer the General Corporation for Agricultural Construction and Rural Development to Operate under the Holding Company-Subsidiary Model Regarding the transfer of the General Corporation for Agricultural Construction and Rural Development under the Ministry of Agriculture and Rural Development to organize and operate under the holding company-subcompany model
____________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on State-Owned Enterprises dated November 26, 2003;
Pursuant to the Enterprise Law dated November 29, 2005;
Pursuant to Decree No. 153/2004/NĐ-CP dated August 9, 2004 of the Government on the organization and management of state-owned general corporations and the transformation of state-owned general corporations and independent state-owned enterprises into the holding company-subcompany model;
Considering the proposal of the Minister of Agriculture and Rural Development,
DECISION:
Article 1. Approves the project to transfer the General Corporation for Agricultural Construction and Rural Development under the Ministry of Agriculture and Rural Development to organize and operate under the holding company-subcompany model with the main contents as follows:
1. The holding company - General Corporation for Agricultural Construction and Rural Development is a state-owned enterprise, having legal personality, its own seal, and accounts opened at the State Treasury and banks; directly carrying out production, business activities, and investing capital in subcompanies and associated companies; responsible for preserving and developing the state's capital in the General Corporation and investments in subcompanies and associated companies.
The holding company is formed based on the restructuring of the General Corporation for Agricultural Construction and Rural Development Office, dependent units, and branches.
The management structure of the holding company includes: Board of Directors, Supervisory Board, General Director, Deputy General Directors, and supporting staff.
2. Subcompanies and associated companies: have legal personality, their own assets, names, management structures, and bear civil liability within the scope of the enterprise's assets; organized and operated according to the relevant legal provisions corresponding to the legal form of subcompanies and associated companies, as follows:
a) Subcompanies:
- Joint Stock Company for Agricultural Construction and Rural Development 2;
- Joint Stock Company for Mechanized Construction and Vietnam Construction;
- Joint Stock Company for Installation and Building Materials 4; Joint Stock Company for Installation and Rural Development;
- Joint Stock Company for Construction and Business Development;
- Joint Stock Company for Installation and Building Materials;
- Joint Stock Company for Investment and Agricultural Construction and Rural Development;
- Joint Stock Company for Construction and Investment Development.
b) Associated companies:
- Joint Stock Company for Agricultural Construction and Rural Development 4;
- Joint Stock Company for Agricultural Construction and Rural Development 3;
- Joint Stock Company for Agricultural Construction and Rural Development 10;
- Joint Stock Company for Installation 1;
- Joint Stock Company for Construction and Technology Transfer;
- Joint Stock Company for Installation and Building Materials 3;
- Joint Stock Company for Installation and Building Materials 7;
- Joint Stock Company for Installation 6;
- Joint Stock Company for Installation and Building Materials 2;
- Joint Stock Company for Industrial Food Installation;
- Joint Stock Company for Commercial Construction and Rural Development;
- Joint Stock Company for Consulting Construction and Agricultural Development;
- Joint Stock Company for Investment and Agricultural Construction and Rural Development 658;
- Joint Stock Company for Investment and Installation 5;
- Joint Stock Company for Can Gio Tourism.
3. The charter capital structure, business sectors, and operations of the holding company and subcompanies and associated companies; organization and management of the holding company; relations between the holding company and the state owner and subcompanies and associated companies are stipulated in the Charter of the holding company's organization and operation.
4. The holding company is responsible for inheriting the legal rights and obligations of the General Corporation for Agricultural Construction and Rural Development.
Article 2
1. Entrust the Minister of Agriculture and Rural Development:
- To direct the implementation of this Project.
- To decide on the establishment of the holding company mentioned in Clause 1, Article 1 of this Decision in accordance with current regulations.
- To approve the Charter of the holding company's organization and operation.
- To carry out the shareholding reform of the General Corporation for Agricultural Construction and Rural Development in 2007 in accordance with current regulations.
2. The Board of Directors of the General Corporation for Agricultural Construction and Rural Development decides on the Financial Management Regulations of the holding company after consulting the Ministry of Finance.
Article 3. This Decision takes effect 15 days after its publication in the Official Gazette.
The Ministers of the Ministries of Agriculture and Rural Development, Finance, Planning and Investment, Home Affairs, Labor, Invalids and Social Affairs, Governor of the State Bank of Vietnam, and Heads of related agencies are responsible for implementing this Decision./.
VICE-PRESIDENT OF THE GOVERNMENT
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