Decision No. 69/2001/QD-TTg stipulates the sale of preferential shares at processing industry enterprises to growers and sellers of raw materials, aiming to stabilize raw material sources and enhance business efficiency. The decision applies to enterprises using agricultural and forestry products in their production activities.
适用范围
Processing industry enterprises directly using agricultural and forestry products; growers and sellers of raw materials (individual agricultural and forestry producers).
要点
- Enterprises are allowed to sell preferential shares to growers and sellers of raw materials.
- Growers and sellers of raw materials must meet the condition of having directly grown raw materials and sold them stably for three years or more.
- The value of preferential shares is reduced by 30% compared to other categories, not exceeding 10% of the state capital value in the enterprise.
- Enterprises must develop a privatization plan according to regulations and determine the number of preferential shares for growers and sellers of raw materials.
- The director of state-owned enterprises shall implement the determination of the area of land for stable raw material cultivation and the individuals eligible to purchase preferential shares.
🌐 本文件的社会影响
- Positive impact: Helps align the interests between raw material growers and enterprises, stabilizing raw material sources.
- Negative impact: May impose financial burdens on enterprises when selling preferential shares.
❓ 常见问题
Who is eligible to purchase shares at preferential prices?
Growers and sellers of raw materials are individual agricultural and forestry producers meeting the conditions set forth in this Decision.
What is the reduction in the value of preferential shares compared to other categories?
The value of preferential shares is reduced by 30% compared to other categories as specified in Article 14 of Decree No. 44/1998/NĐ-CP.
What does the raw material sold to enterprises include?
Raw materials sold to processing industry enterprises include annual and perennial crop products from agricultural production.
On what basis is the number of preferential shares determined?
The quantity of state shares sold at preferential prices is based on the legally assigned land area actually used for raw material cultivation and the stable quantity of raw materials sold to enterprises.
When does this Decision take effect?
This Decision takes effect fifteen days after the date of signature.
全文
Pursuant to …;
On the sale of preferential shares at processing enterprises for raw material growers and sellers
To tie the interests of raw material growers with processing enterprises implementing shareholding reform, stabilize raw material sources, and enhance business efficiency
_______________________
PRIME MINISTER
Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to Decree No. 44/1998/NĐ-CP dated June 29, 1998 of the Government on the conversion of state-owned enterprises into joint-stock companies;
In order to bind the interests of raw material growers with processing enterprises implementing shareholding reform, stabilize raw material sources, and improve business efficiency;
At the proposal of the Minister of Finance,
DECISION:
Article 1. Enterprises directly using agricultural and forestry products in production activities, when implementing shareholding reform, may sell shares at preferential prices to raw material growers and sellers.
Article 2. Raw material growers and sellers referred to herein are individual laborers engaged in agricultural and forestry production who meet the conditions stipulated in Article 5 and Article 6 of this Decision.
Article 3. The raw materials sold to the processing enterprises mentioned in this Decision include annual and perennial crop products from agricultural production.
Article 4. State-owned enterprises with a closed production and business process from agricultural production to processing, when implementing shareholding reform for the processing sector; those purely collecting agricultural and forestry products for sale to the enterprise do not fall within the scope of adjustment of this Decision.
Article 5. Raw material growers and sellers eligible to purchase shares at preferential prices are individuals directly growing raw materials and have sold them to the enterprise for three years or more up to the time of the enterprise's shareholding reform.
Article 6. If the raw material grower is a state-owned enterprise implementing contractual farming, then the individual directly receiving the contract is the subject eligible to purchase shares at preferential prices in processing enterprises.
Article 7. Raw material growers and sellers purchasing shares at preferential prices and processing enterprises selling shares must conduct the purchase and sale of agricultural and forestry products through economic contracts in accordance with the provisions of the Contract Law.
Article 8. For individuals who both directly produce and collect raw materials to supply to processing enterprises, the quantity of collected raw materials shall not be counted towards determining the number of preferential shares.
Article 9. The number of state-owned shares sold at preferential prices to raw material growers and sellers is based on:
1. The legally assigned land area actually used for planting raw materials to sell to processing enterprises;
2. The stable quantity of raw materials already sold to processing enterprises.
Article 10. The preferential value of each share sold to raw material growers and sellers is reduced by 30% compared to other subjects specified in Article 14 of Decree No. 44/1998/NĐ-CP dated June 29, 1998 of the Government. The total preferential value sold to all raw material growers and sellers shall not exceed 10% of the state capital value in the enterprise. The preferential level stipulated herein does not count towards the preferential share value sold to employees in the enterprise as provided in Article 14 of Decree No. 44/1998/NĐ-CP dated June 29, 1998 of the Government.
Article 11. Prior to implementing the sale of preferential shares under this Decision, processing enterprises must establish a shareholding reform plan in accordance with the provisions of Decree No. 44/1998/NĐ-CP dated June 29, 1998 of the Government. This plan must clearly specify: the basis for determining the number of shares, the preferential share ratio, and the total preferential value to be sold to employees in the enterprise and raw material growers and sellers.
Article 12. The director of the state-owned enterprise implementing shareholding reform determines the stable land area for planting raw materials and the individuals eligible to purchase shares at the preferential price stipulated in this Decision.
Article 13. The authority to approve the shareholding reform plan and decide on the conversion of state-owned enterprises into joint-stock companies for enterprises selling preferential shares to raw material growers and sellers shall be carried out in accordance with the provisions of Decree No. 44/1998/NĐ-CP dated June 29, 1998 of the Government and related supplementary documents.
Article 14. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Committees of provinces and centrally governed cities, Boards of Directors of State-owned Joint Stock Corporations established by the Prime Minister's decision are responsible for implementing this Decision./.
VICE-PRESIDENT OF THE GOVERNMENT
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