Decision No. 82/2004/QĐ-TTg approves the Pilot Project for the Parent Company-Subsidiary model at Saigon Industrial Zone Development Corporation, Ho Chi Minh City. This Decision stipulates the organization and operation of the Parent Company and Subsidiaries, and assigns responsibilities to the Chairman of the People's Committee of Ho Chi Minh City and the Minister of Finance to implement specific contents.
适用范围
Saigon Industrial Zone Development Corporation (SAIGON IPD) and its Subsidiaries established under this model shall be established by the Chairman of the People's Committee of Ho Chi Minh City and the Minister of Finance.
要点
- The Parent Company: SAIGON IPD is responsible for preserving and developing state capital at the Parent Company and investment capital in Subsidiaries.
- Subsidiaries: Each Subsidiary has its own legal personality, bears civil liability within the scope of its assets, and is organized according to regulations corresponding to its legal form.
- The Chairman of the People's Committee of Ho Chi Minh City is assigned to direct the implementation of the Pilot Project and decide on the establishment of the Parent Company and Subsidiaries.
- The Minister of Finance approves the Financial Regulations for the trial period of the Parent Company.
- This Decision takes effect fifteen days from the date of publication in the Official Gazette.
🌐 本文件的社会影响
- Positive impact: Creates opportunities for Subsidiaries to develop independently and flexibly in management and business.
- Negative impact: May cause difficulties in organizational and managerial aspects between the Parent Company and Subsidiaries.
❓ 常见问题
What responsibilities does the Parent Company SAIGON IPD have?
SAIGON IPD is responsible for preserving and developing state capital at the Parent Company and investment capital in Subsidiaries.
How are Subsidiaries organized legally?
Subsidiaries may be organized as a Limited Liability Company with One Member, a Joint Stock Company, or a Limited Liability Company with Multiple Members.
Who is responsible for implementing the Pilot Project?
The Chairman of the People's Committee of Ho Chi Minh City will direct and coordinate with relevant agencies to implement this Pilot Project.
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 Ministry of Finance have in this Decision?
The Minister of Finance will approve the Financial Regulations for the trial period of the Parent Company upon the request of the People's Committee of Ho Chi Minh City.
全文
DECISION
Regarding the pilot organization and operation under the holding company-subsidiary model at Saigon Industrial Park Development Corporation under the People's Committee of Ho Chi Minh City
_____________________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the State Enterprise Law on April 20, 1995;
Pursuant to the Enterprise Law dated June 12, 1999;
Pursuant to the proposal of the People's Committee of Ho Chi Minh City,
DECISION:
Article 1. Approving the pilot project proposal for the holding company-subcompany organizational model at Saigon Industrial Park Development Corporation under the People's Committee of Ho Chi Minh City, with the following contents:
1. Holding Company: Saigon Industrial Park Development Corporation (SAIGON IPD), a state-owned enterprise, directly carries out production and business activities and has investment capital in other companies, responsible for preserving and developing state capital at the holding company and in invested companies.
2. Subsidiaries have legal personality, separate assets, names, management structures, and bear civil liability within the scope of their corporate assets; they are organized and operate according to the provisions of the law corresponding to the legal form of the subsidiary. Subsidiaries include: Limited Liability Companies with one member, Joint Stock Companies, and Limited Liability Companies with multiple members, specifically:
a) Limited Liability Companies with one member: - Service Supply Limited Liability Company, - Cat Lai Port Construction and Repair Limited Liability Company.
b) Joint-stock companies:
- Thai Duong Joint Stock Company,
- House Production and Business Service Joint Stock Company.
3. The holding company invests capital in the following companies:
Sai Gon Linh Trung Export Processing Zone Joint Venture Company.
4. The charter capital structure, business sectors of the holding company and subsidiaries; the organization and management of the holding company; relations between the holding company and the state owner and subsidiaries, companies with the holding company's shareholding; the name of the agency entrusted to represent the state owner's capital at the holding company are stipulated in the Articles of Association of the holding company.
Article 2
1. Entrust the Chairman of the People's Committee of Ho Chi Minh City:
a) To direct the implementation of this Project. To take the lead and coordinate with relevant agencies in:
- Regulations on the handling of capital, assets, finance, and labor when transitioning Saigon Industrial Park Development Corporation to operate under the holding company-subcompany model.
- Organizing monitoring of the operation of this model during the pilot implementation to promptly correct, draw lessons, and report.
b) Deciding to establish the holding company and subsidiaries mentioned in Clause 1 and 2 of Article 1 of this Decision in accordance with current regulations.
c) To submit to the Prime Minister for approval of the Charter of the parent company's organization and operation.
2. Entrust the Minister of Finance to approve the financial regulations for the pilot program of the parent company based on the proposal of the People's Committee of Ho Chi Minh City.
Article 3. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.
The Chairman of the People's Committee of Ho Chi Minh City, Ministers of Finance, Planning and Investment, Home Affairs, Labor, Invalids and Social Affairs, Construction, and Heads of related agencies are responsible for implementing this Decision./.
VICE-PRESIDENT OF THE GOVERNMENT
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