Decision No. 31/2005/QĐ-BCN On the transformation of Mineral Development Company III into State Capital Joint Stock Company Mineral 3

DECISION OF THE MINISTER OF INDUSTRY

Regarding the transformation of the Third Mineral Development Corporation into a State-owned Joint Stock Company with One Member - Mineral 3 Corporation

The Third Mineral Development Corporation, a member enterprise operating independently under the Vietnam Minerals Corporation, shall be transformed into a State-owned Joint Stock Company with One Member - Mineral 3 Corporation.

THE MINISTER OF INDUSTRY

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 63/2001/NĐ-CP dated September 14, 2001 of the Government on the conversion of state-owned enterprises and enterprises of political organizations and political-social organizations into joint stock companies with one member;

Pursuant to Decision No. 125/QĐ-TTg dated January 28, 2003 of the Prime Minister approving the overall plan for restructuring and modernizing state-owned corporations and state-owned enterprises under the Ministry of Industry for the period of 2003-2005;

Considering the proposal of the Board of Directors of the Vietnam Minerals Corporation (Letter No. 1048/CV-TCLĐ dated June 30, 2005, Letter No. 1083/CV-TCKT dated July 6, 2005) and the dossier on the transformation of the Third Mineral Development Corporation into a State-owned Joint Stock Company with One Member - Mineral 3 Corporation;

At the suggestion of the Director of the Department of Organization and Cadres,

DECISION:

Article 1. The State-owned Joint Stock Company with One Member - Mineral 3 Corporation (referred to as the Company) shall have its own seal, be entitled to open accounts at domestic and foreign banks in accordance with the law, and operate in accordance with the Articles of Association of the Company approved by the Board of Directors of the Vietnam Minerals Corporation and the Enterprise Law.

- Full name: State-owned Joint Stock Company with One Member - Mineral 3 Corporation.

- Abbreviation: Mineral 3 Corporation.

- International trade name in English: Mineral Company Limited No 3.

- Abbreviation: MICO3

- Main office location: Tan Linh Commune, Ba Vi District, Ha Tay Province.

- Registered capital: 30,000,000,000 VND (Thirty billion VND).

Article 2. Business activities of the Company:

- Surveying, exploration, mining, mineral processing, metallurgy, refining, and trading various types of minerals (including rare earths, radioactive materials, precious stones, and gold) and construction materials;

- Designing, project preparation, investment consulting for mining works, mineral processing works, construction works for civil and industrial purposes, transportation, water conservancy, and small and medium-sized power distribution and industrial power installation projects;

- Trading, direct import and export, and agency import and export of various types of minerals (including rare earths, radioactive materials, precious stones, and gold), construction materials, equipment, and supplies for surveying, mining, refining, and mineral processing operations;

Article 3. Organization and operation of the Company:

- Other businesses as prescribed by law.

b) Supporting staff;

1. The organizational structure of the Company includes:

a) Chairman and General Director of the Company;

2. The organization and operation of the Company shall be specifically regulated in the Articles of Association of the Company.

c) Subordinate units of the Company.

The Board of Directors of the Vietnam Minerals Corporation. Address: No. 562 Nguyen Van Cu Street, Gia Thuy Ward, Long Bien District, Hanoi City. The Board of Directors of the Vietnam Minerals Corporation is responsible for exercising the rights of the owner according to current laws and the Articles of Association of the Company.

Article 4. The State-authorized representative as the owner:

The State-owned Joint Stock Company with One Member - Mineral 3 Corporation is responsible for receiving and using effectively the capital and assets transferred by the Board of Directors of the Vietnam Minerals Corporation to fulfill the mission of developing production and business, inheriting legitimate rights, interests, and obligations regarding capital, assets, labor, and land from the Third Mineral Development Corporation.

Article 5. The Chairman and General Director of the State-owned Joint Stock Company with One Member - Mineral 3 Corporation is responsible for drafting the Articles of Association of the Company to submit for approval by the Board of Directors of the Vietnam Minerals Corporation; appointing Deputy General Directors and Chief Accountants of the Company in accordance with the Articles of Association of the Company and current laws.

Article 6. The Head of the Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments and Bureaus under the Ministry, the Board of Directors and General Director of the Vietnam Minerals Corporation, the General Director of the Third Mineral Development Corporation, and the Chairman and General Director of the State-owned Joint Stock Company with One Member - Mineral 3 Corporation are responsible for implementing this Decision./.

Article 7. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments and Directors of Bureaus under the Ministry, the Board of Directors and General Director of Vietnam Minerals Corporation, the Director of Mineral Development Company III, and the Chairman and General Director of State Capital Joint Stock Company for Minerals 3 shall be responsible for implementing this Decision./.