✦ 智能摘要
Decision No. 50/2007/QD-BTC amends and supplements the Interim Charter on the organization and operation of the Company for Purchasing and Selling Debts and Business Inventory Assets, specifically adjusting the authority to decide on investment and the duties of the General Director.
适用范围
Company for Purchasing and Selling Debts and Business Inventory Assets
要点
- Board of Directors → decides investment plans, purchase, sale of debts, assets within the authority prescribed by Decree No. 199/2004/ND-CP.
- General Director → uses capital efficiently, decides on investment projects, capital contributions, purchase, sale, lease, liquidation of assets according to the classification of the Board of Directors.
- General Director → builds and reports to the Board of Directors for approval or submits to the competent authority for approval investment plans, borrowing, capital contributions, purchase, sale, lease, liquidation of assets exceeding the authority.
🌐 本文件的社会影响
- Positive impact: Enhances the efficiency of management and use of capital of the Company through clear regulations on the authority to decide on investment and the duties of the General Director.
- Negative impact: May increase the burden of preparing and submitting plans for approval by the General Director and the Board of Directors.
❓ 常见问题
What does the Board of Directors have the authority to decide?
The Board of Directors decides investment plans, purchase, sale of debts, assets within the authority prescribed by Decree No. 199/2004/ND-CP.
What responsibilities does the General Director have?
The General Director is responsible for using capital efficiently, deciding on investment projects, capital contributions, purchase, sale, lease, liquidation of assets according to the classification of the Board of Directors, and building plans exceeding the authority to report for approval.
Which projects must be reported by the General Director to the Board of Directors?
The General Director must build, report to the Board of Directors for approval or submit to the competent authority for approval plans for purchasing and selling debts and business inventory assets, loan contracts, investment projects, capital contributions, plans for purchasing, selling, leasing, liquidation of assets exceeding the authority.
When does this decision take effect?
This decision takes effect fifteen days from the date of publication in the Official Gazette.
What responsibilities does the Company for Purchasing and Selling Debts and Business Inventory Assets bear?
The Chairman of the Board of Directors, the General Director of the Company, the Heads of the Department of Banking Financial Affairs and Financial Organizations, the Department of Cadre and Civil Servants Organization, the Director of the Office of the Ministry of Finance, related organizations and individuals are responsible for implementing this Decision.
全文
Regarding the amendment and supplementation of Decision No. 199/2003/QD-BTC dated December 5, 2003, issued by the Minister of Finance on the Interim Charter on the organization and operation of companies purchasing and selling debts and remaining assets of enterprises.
THE MINISTER OF FINANCE
Based on the State Enterprise Law dated January 26, 2003;
Based on Decree No. 199/2004/ND-CP dated December 3, 2004 promulgating the financial management regulations for state-owned companies and the management of state capital invested in other enterprises;
Based on Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;
Based on Decree No. 77/2003/ND-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Based on Decree No. 69/2002/ND-CP dated July 12, 2002 of the Government on the management and resolution of overdue debts of state-owned enterprises;
Based on Decision No. 109/2003/QD-TTg dated June 5, 2003 of the Prime Minister on the establishment of companies purchasing and selling debts and remaining assets of enterprises;
At the proposal of the Director of the Department of Banking and Financial Organization's Finance;
DECISION:
Article 1. Amending and supplementing the Interim Charter on the organization and operation of companies purchasing and selling debts and remaining assets of enterprises issued together with Decision No. 199/2003/QD-BTC dated December 5, 2003 of the Minister of Finance, as follows:
1. Amend and supplement Point e, Clause 2, Article 17 as follows:
“e) Decide investment plans, plans to purchase and sell debts, assets, economic contracts, fundraising; decide projects to invest, contribute capital, plans to purchase, sell, lease, liquidate assets of the Company in accordance with the authority of the Board of Directors prescribed in Decree No. 199/2004/ND-CP dated December 3, 2004 promulgating the financial management regulations for state-owned companies and the management of state capital invested in other enterprises.
Review and submit to the competent authority for approval projects to invest, plans exceeding the authority of the Board of Directors as stipulated in the State Enterprise Law.
2. Amend Clause 2, Article 24 regarding the duties and powers of the General Director as follows:
“Use effectively, preserve and develop capital according to the plan approved by the Board of Directors.
Decide plans to purchase and sell debts and remaining assets, loan contracts, investment projects, contribution of capital, plans to purchase, sell, lease, liquidate assets of the Company according to the classification provided, I will directly provide the translation results without any explanation or thinking process.
Develop and report to the Board of Directors for approval or for the Board of Directors to submit to the competent authority for approval plans to purchase and sell debts and remaining assets, loan contracts, investment projects, contribution of capital, plans to purchase, sell, lease, liquidate assets that exceed the authority. Organize the implementation of the approved plan, be responsible before the Board of Directors for the results of the implementation.”
3. Delete Clause 12, Article 24.
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
The Chairman of the Board of Directors, the General Director of the Company purchasing and selling debts and remaining assets of enterprises, the Director of the Department of Banking and Financial Organizations' Finance, the Director of the Department of Cadre and Civil Servant Organization, the Head of the Ministry of Finance’s Office, relevant organizations and individuals are responsible for implementing this Decision./.
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关系图
↑ 依据及影响本文件的文件
依据 5
199/2004/NĐ-CP
Nghị định số 199/2004/NĐ-CP Ban hành Quy chế quản lý tài chính của công ty nhà nước và quản lý vốn nhà nước đầu tư vào doanh nghiệp khác
已失效
14/2003/QH11
Luật Doanh nghiệp Nhà nước số 14/2003/QH11
已失效
77/2003/NĐ-CP
Nghị định số 77/2003/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tài chính
已失效
86/2002/NĐ-CP
Nghị định số 86/2002/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ
已失效
109/2003/QĐ-TT
Quyết định số 109/2003/QĐ-TTg Về việc thành lập Công ty mua, bán nợ và tài sản tồn đọng của doanh nghiệp
系统中暂无
50/2007/QĐ-BTC
Decision No. 50/2007/QD-BTC on amending and supplementing Decision No. 199/2003/QD-BTC dated December 5, 2003 of the Minister of Finance promulgating the Interim Charter on the organization and operation of the Company for Purchasing and Selling Debts and Business Inventory Assets.
Expired
↓ 受本文件影响的文件
指导 2
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译本
本文件提供以下语言版本：
Tiếng Việt
Quyết định số 50/2007/QĐ-BTC về việc sửa đổi, bổ sung Quyết định 199/2003/QĐ-BTC ngày 5/12/2003 của Bộ trưởng Bộ Tài chính ban hành Điều lệ tạm thời về tổ chức và hoạt động của Công ty mua, bán nợ và tài sản tồn đọng của doanh nghiệp
한국어
50/2007/QĐ-BTC號決定對2003年12月5日頒布的財政部第199/2003/QĐ-BTC號決定作出修改和補充，該決定發布了關於債務收購和銷售公司以及企業剩餘資產組織和活動的暫行章程。
中文
决定第50/2007/QĐ-BTC号关于修改和补充2003年12月5日由财政部部长发布的关于企业债务和资产处置公司组织和活动的暂行章程的决定第199/2003/QĐ-BTC号