Decision No. 99/2007/QD-BTC amends and supplements the Financial Management Regulation of the State Capital Investment Corporation. This Decision adjusts regarding paid-in capital, profit distribution, and provides detailed regulations on the establishment of incentive and welfare funds.
Đối tượng áp dụng
State Capital Investment Corporation
Các điểm cốt lõi
- The Corporation must adjust the registered charter capital in the business registration certificate and announce according to the law when there is an increase or decrease in the charter capital.
- The remaining profit after deducting the specified items shall be distributed according to the proportion of state investment capital and self-raised capital, specifically, the portion of profit distributed according to state investment capital shall be transferred to the Development Investment Fund, the portion of profit distributed according to self-raised capital shall be allocated to the Development Investment Fund, the management board bonus fund, the incentive and welfare fund.
- The establishment of the incentive and welfare fund is based on the profit rate on state capital and the amount of tax payable generated in the year.
- This Decision takes effect from the date of publication in the Official Gazette and applies to the profit distribution of the State Capital Investment Corporation from 2007.
- When there is insufficient source to establish the incentive and welfare fund, it can be deducted from the portion of profit distributed according to state investment capital.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Clear adjustments regarding profit distribution and financial management help the State Capital Investment Corporation operate more efficiently.
- Negative impact: It may increase cost burdens for the Corporation when complying with regulations on the establishment of incentive and welfare funds.
❓ Câu hỏi thường gặp
What is the registered capital of the State Capital Investment Corporation?
The registered capital of the Corporation is 15,000 billion VND, including state budget capital, state investment capital at companies transferred to the Corporation to exercise ownership rights, and other sources of capital originating from the State.
How is profit distributed?
The remaining profit after deducting the specified items shall be distributed according to the proportion of capital invested by the State in the Corporation and self-raised capital. The portion of profit distributed according to state investment capital shall be transferred to the Development Investment Fund, the portion of profit distributed according to self-raised capital shall be allocated to the Development Investment Fund, the management board bonus fund, the incentive and welfare fund.
What are the regulations on establishing the incentive and welfare fund?
The establishment of the incentive and welfare fund is based on the profit rate on state capital and the amount of tax payable generated in the year. If there is insufficient source to establish the fund, it can be deducted from the portion of profit distributed according to state investment capital.
When does this Decision take effect?
This Decision takes effect from the date of publication in the Official Gazette and applies to the profit distribution of the State Capital Investment Corporation from 2007.
Are there any adjustments regarding the establishment of the Development Investment Fund?
Part on profits distributed according to the State's capital invested in the Corporation (including the State's capital in enterprises represented by the Corporation as the owner) shall be transferred entirely into the Corporation's Development Investment Fund.
Toàn văn
Pursuant to …;
Amending and supplementing the Financial Management Regulation of the State Capital Investment Corporation
and business of state capital issued together with Decision No. 52/2006/QĐ-BTC
dated September 25, 2006 of the Minister of Finance
____________
THE MINISTER OF FINANCE
Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 199/2004/NĐ-CP dated December 3, 2004 of the Government promulgating the Financial Management Regulation of state-owned enterprises and management of state capital invested in other enterprises;
Pursuant to Decision No. 151/2005/QĐ-TTg dated June 20, 2005 of the Prime Minister on the establishment of the State Capital Investment Corporation;
Pursuant to Decision No. 152/2005/QĐ-TTg dated June 20, 2005 of the Prime Minister approving the charter and operation of the State Capital Investment Corporation;
Pursuant to Decision No. 183/2007/QĐ-TTg dated November 27, 2007 of the Prime Minister amending and supplementing Decision No. 151/2005/QĐ-TTg dated June 20, 2005 of the Prime Minister;
At the proposal of the Director of the Enterprise Finance Department and the Director of the Financial Department for Banks and Financial Organizations,
DECISION:
Clause 4 of Article 6Amending and supplementing some Articles of the Financial Management Regulation of the State Capital Investment Corporation issued together with Decision No. 52/2006/QĐ-BTC dated September 25, 2006 of the Minister of Finance as follows:
1. Amending and supplementing Clause 1 Article 5 as follows:
“1. Shareholders' equity:
a) Registered capital: 15,000 (Fifteen thousand) billion VND, including:
- State budget capital;
- State capital invested in companies transferred to the Corporation to exercise ownership rights;
- Additional from proceeds from the first public offering when implementing the equitization of 100% state-owned enterprises according to Article 45 of Decree No. 109/2007/NĐ-CP dated June 26, 2007 of the Government on converting 100% state-owned enterprises into joint-stock companies.
When there is an increase or decrease in registered capital, the Corporation must adjust the registered capital in the business registration certificate and announce it in accordance with the provisions of the law.
b) Differences arising from asset revaluation and exchange rate differences as prescribed by law;
c) Development investment fund, financial reserve fund extracted from the post-tax profit of the Corporation;
d) Other sources of capital of state origin.”
2. Abolishing Subpoint d Clause 1 Article 16.
3. Amending and supplementing Clause 4 Article 21 as follows:
"4. The remaining profit, after deducting the amounts specified in Clauses 1, 2, and 3 of this Article, shall be distributed according to the proportion of state capital invested in the Corporation and self-raised capital of the Corporation, specifically:
a) The portion of profit distributed according to state capital invested in the Corporation (including state capital at enterprises where the Corporation acts as the owner) shall be fully transferred into the Development Investment Fund of the Corporation.
b) The portion of profit distributed according to self-raised capital (including capital raised through bond issuance, promissory notes, loans from domestic and foreign organizations and individuals based on the Corporation's responsibility to repay both principal and interest to the lender according to the agreement, excluding loans guaranteed by the Government, the Ministry of Finance, and loans with subsidized interest rates) shall be allocated to the development investment fund, the management board bonus fund, the reward fund, and welfare fund.
The specific allocation ratio to each fund shall be decided by the Board of Directors of the Corporation in accordance with the Financial Management Regulation of state-owned enterprises and management of state capital invested in other enterprises issued together with Decree No. 199/2004/NĐ-CP dated December 3, 2004 of the Government.
c) In case the portion of post-tax profit distributed according to self-raised capital is small or non-existent, the following shall apply:
- Up to two funds can be established with a maximum of three months' salary if both the return on state capital and the amount payable to the state budget for the year are higher than or equal to the previous year.
- Up to two funds can be established with a maximum of two months' salary if either the return on state capital or the amount payable to the state budget for the year is lower than the previous year.
- Two funds can be established with one month's salary if both the return on state capital and the amount payable to the state budget for the year are lower than the previous year.
d) The source to replenish the reward fund and welfare fund as stipulated in Point c Clause 4 of this Article shall be taken from the portion of profit set aside for the development investment fund according to regulations; in case it is insufficient, it shall be taken from the portion of profit distributed according to state capital."
12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentThis Decision takes effect 15 days after its publication in the Official Gazette and applies to the distribution of profits from 2007 of the State Capital Investment Corporation. Other contents not amended or supplemented in this Decision continue to be implemented according to Decision No. 52/2006/QĐ-BTC dated September 25, 2006.
Article 3. The Chairman of the Board of Directors, General Director of the State Capital Investment Corporation, and Heads of related units are responsible for enforcing this Decision./.
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Place of Receipt: - National Assembly's Office; - President's Office; - Government Office; - Ministry of Science and Technology (for registration); - Supreme People's Procuracy; - SUPREME PEOPLE'S COURT; - State Audit Office; - Official Gazette; - Ministry of Justice's Legal Documents Inspection Department; - State Capital Investment Corporation; - Government website; - Ministry of Finance website; - Units under the Ministry of Finance; - To be filed with the Office, Enterprise Finance Department.
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DEPUTY MINISTER DEPUTY MINISTER (Signed)
Tran Xuan Ha |
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