Procedures for setting up an enterprise with 100% charter capital held by the State from June 1, 2022?
- Which agency has the authority to decide on the establishment of enterprises in which 100% of charter capital is held by the State?
- How is the application for the establishment of an enterprise in which 100% charter capital is held by the State?
- Procedures for setting up an enterprise with 100% charter capital held by the State according to the Prime Minister's decision?
- Procedures for setting up an enterprise with 100% charter capital held by the State according to the decision of the owner's representative agency?
Which agency has the authority to decide on the establishment of enterprises in which 100% of charter capital is held by the State?
Pursuant to Article 7 of Decree 23/2022/ND-CP stipulating as follows:
“Article 7. Competence to decide to establish an enterprise
1. The Prime Minister shall decide on the establishment of enterprises specified in Clause 4, Article 3 of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall decide to establish enterprises with 100% charter capital held by the State other than those specified in Clause 1 of this Article. Clause 1 of this Article.”
Accordingly, the Prime Minister has the authority to decide on the establishment of a parent company in which the State holds 100% of the charter capital of the State-owned economic group, the State-owned Investment and Business Corporation and the enterprises with assets of production and business activities formed from the implementation of important national projects for which investment policies have been decided by the National Assembly.
Ministers, heads of ministerial-level agencies, heads of ministerial-level agencies, heads of government agencies, presidents of provincial People's Committees have the authority to decide on the establishment of enterprises in which 100% capital is owned by the State. The charter does not fall under the decision of the Prime Minister to establish.
Thẩm quyền và thủ tục thành lập doanh nghiệp do Nhà nước nắm giữ 100% vốn điều lệ theo quy định hiện nay?
How is the application for the establishment of an enterprise in which 100% charter capital is held by the State?
Pursuant to Article 8 of Decree 23/2022/ND-CP stipulating as follows:
“Article 8. Appraisal of dossiers of application for enterprise establishment
Appraisal of dossiers of application for enterprise establishment is the examination and assessment of the conformity of enterprise establishment with legal regulations, strategies, socio-economic development plans, national industry plannings, etc. family; serve as a basis for competent persons to consider, decide and ensure the effectiveness of enterprise establishment.
The head of the owner's representative agency is the person who proposes to establish the enterprise and is responsible for the accuracy of the contents of the application file for enterprise establishment.”
Thus, the appraisal of the enterprise establishment dossier is the evaluation and examination of the suitability of the enterprise establishment in comparison with the national master plans and plans. Heads of ministries, ministerial-level agencies, agencies attached to the Government; The People's Committee of the province or city directly under the Central Government shall be responsible for the authenticity of the application file for the establishment of an enterprise in which 100% of charter capital is held by the State.
Procedures for setting up an enterprise with 100% charter capital held by the State according to the Prime Minister's decision?
Pursuant to Article 9 of Decree 23/2022/ND-CP stipulates as follows:
“Article 9. The process of setting up an enterprise established by the Prime Minister’s decision on establishment
1. The agency representing the owner shall make 07 sets of original dossiers of application for enterprise establishment as prescribed in Clause 1, Article 6 of this Decree and send it to the Ministry of Planning and Investment for appraisal.
2. After receiving the complete dossier, the Ministry of Planning and Investment shall assume the prime responsibility for collecting opinions from the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Justice, the Ministry of Labor, War Invalids and Social Affairs, the Ministries managing the sector, and the Committee. People's Committee of the province where the enterprise intends to locate its head office and related agencies and organizations (in case of necessity).
Within 15 working days from the date of receipt of the dossier, the relevant agencies shall send written comments on the contents under their management to the Ministry of Planning and Investment for synthesis and formulation. appraisal report.
3. Within 10 working days from the date of receipt of comments from relevant agencies, the Ministry of Planning and Investment shall submit to the Prime Minister a report on appraisal of the application for enterprise establishment, and concurrently. send it to the owner's representative agency to receive and explain appraisal opinions.
In case there are different opinions on the main contents of the Dossier, the Ministry of Planning and Investment shall hold a meeting with relevant agencies before submitting the appraisal report to the Prime Minister; The time may be extended by no more than 10 working days.
4. The owner's representative agency receives and explains the appraisal opinions of the Ministry of Planning and Investment, completes the dossier and submits it to the Prime Minister for consideration and decision on the establishment of the enterprise.”
Accordingly, ministries, ministerial-level agencies, agencies attached to the Government; The People's Committees of the provinces and centrally-run cities (hereinafter collectively referred to as the provincial-level People's Committees) shall make 7 sets of dossiers of application for enterprise establishment and send them to the Ministry of Planning and Investment for appraisal. The Ministry of Planning and Investment will consult the relevant agencies, within 15 days after receiving the dossier, the relevant agencies must send a written notice of the contents within their scope to the Ministry of Planning and Investment. General investment and appraisal. Within 10 working days after receiving comments from relevant agencies, the Ministry of Planning and Investment must submit to the Prime Minister a report on appraisal of the enterprise establishment dossier.
Procedures for setting up an enterprise with 100% charter capital held by the State according to the decision of the owner's representative agency?
Pursuant to Article 10 of Decree 23/2022/ND-CP stipulates as follows:
“Article 10. The process of establishing an enterprise established by the decision of the agency representing the owner
1. The owner's representative agency shall make 03 sets of original dossiers of application for enterprise establishment as prescribed in Clause 2, Article 6 of this Decree and send it to the Ministry of Planning and Investment for appraisal.
2. After receiving a complete dossier, the Ministry of Planning and Investment shall assume the prime responsibility for collecting opinions from the Ministry of Finance and the line-managing ministries (in the case of an enterprise established by the People's Committee of the province, ministerial-level agency or agency). under the Government's decision on establishment) or the People's Committee of the province where the enterprise intends to locate its head office (in case the enterprise is established by decision of a ministry, ministerial-level agency, or an agency attached to the Government).
Within 10 working days from the date of receipt of the dossier, the relevant agencies shall send written comments on the contents under their management to the Ministry of Planning and Investment for synthesis and preparation of a report. appraisal report.
3. Within 10 working days after receiving comments from relevant agencies, the Ministry of Planning and Investment shall make an appraisal report and send it to the owner's representative agency.
4. The owner's representative agency receives and explains the appraisal opinions of the Ministry of Planning and Investment, completes the dossier and submits it to the Prime Minister for consideration and approval of the enterprise establishment policy.
5. The owner's representative agency shall issue a decision to establish an enterprise within 30 working days from the date on which the policy is approved by the Prime Minister.”
Thus, ministries, ministerial-level agencies, agencies attached to the Government; The People's Committees of the provinces and centrally-run cities (hereinafter referred to as the People's Committees of the province) shall make 03 sets of dossiers of application for enterprise establishment and send them to the Ministry of Planning and Investment. After receiving the dossier, the Ministry of Planning and Investment consults with relevant agencies. Within 10 working days after receiving the dossier, the relevant agencies must reply in writing about the contents within their scope. Within 10 working days after receiving comments from relevant agencies, the Ministry of Planning and Investment shall make an appraisal report and send it to the owner's representative agency. After that, the owner agency will explain the appraisal report of the Ministry of Planning and Investment and then send the completed application to the Prime Minister for consideration and approval of the application for business establishment..
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