Before June 20, 2022, do you agree on a dossier to submit to the Prime Minister for consideration of the policy of additional investment in charter capital for enterprises in Vietnam where 100% of charter capital is held by the State?
- What is the order and procedures for making additional investment in charter capital for enterprises in Vietnam operated by the state?
- Before the 20thJune 6, 2022, unify additional investment documents for enterprises in Vietnam where 100% of charter capital is held by the State
- What is the order and procedures for formulating and approving an investment plan to supplement charter capital for an enterprise with 100% state-owned charter capital in operation?
What is the order and procedures for making additional investment in charter capital for enterprises in Vietnam operated by the state?
According to Article 11 Decree 91/2015/ND-CP, Clause 2, Article 6 Decree 140/2020/ND-CP and Clause 4 Article 1 Decree 32/2018/ND-CP on the order and procedures for making additional investment in charter capital for enterprises in Vietnam operated by the State as follows:
"Article 11. Order and procedures for implementation Currently making additional investment in charter capital for enterprises in which 100% of charter capital is held by the State and are in operation
1. The owner's representative agency has a written document (enclosed with the enterprise's dossier already approved by a competent authority). approval authority as prescribed in Article 9 of this Decree), request the financial authority to provide additional investment capital to the charter capital for the enterprise
. The ratio for enterprises according to each specific capital source is as follows:
a) In case of additional allocation of charter capital with capital from the state budget already allocated in the estimate of state budget expenditures approved by a competent authority (according to the classification state budget management level) for approval, notification, and financial authorities to provide capital from the state budget to enterprises according to the order and procedures prescribed in the Law on State Budget
. In case of additional charter capital for enterprises from the Enterprise Arrangement and Development Support Fund, based on the Prime Minister's decision, the Ministry of Finance shall make the grant from the Enterprise Arrangement and Development Support Fund. for Business.
3. An enterprise shall supplement its charter capital in the following cases:
a) Use the source of the investment and development fund at the enterprise or the support fund for arrangement of enterprises at the enterprise to supplement its charter capital.
Based on the plan to supplement charter capital approved by a competent authority, the enterprise shall transfer the investment and development fund and the support fund for enterprise arrangement at the enterprise to increase the owner's investment capital in the enterprise. Karma.
b) When an enterprise transfers property from another place and is invested with capital from the state budget, receives money according to the State's support policies (support for relocation, rearrangement, handling of assets). real estate management, support investment in technical infrastructure of industrial zones) to implement investment projects to build, upgrade and renovate production and business establishments, enterprises shall base themselves on decisions on transferring financial resources. assets of the competent authority and the minutes of property handover, finalization of the State's support money, and recording of an increase in state capital at the enterprise. In case when recording an increase in state capital at the enterprise, the actual contributed capital of the owner is higher than the approved charter capital, the enterprise shall report to the owner's representative agency for decision to adjust the level of capital contribution. Charter capital for enterprises on the basis of the above-mentioned capital increase accounting records without having to prepare a dossier of re-determination of charter capital and a dossier of request for additional capital investment as prescribed in Articles 9, Article 10 of Decree No. this.
4. Enterprises are responsible for adjusting the level of charter capital in the Certificate of Business Registration equal to the actual capital invested by the owner in accordance with the provisions of the Law on Enterprises 2014."
Before June 20, 2022, do you agree on a dossier to submit to the Prime Minister for consideration of the policy of additional investment in charter capital for enterprises in Vietnam where 100% of charter capital is held by the State?
Before the 20thJune 6, 2022, unify additional investment documents for enterprises in Vietnam where 100% of charter capital is held by the State
Official Dispatch 3366/VPCP-KTTH 2021 Regarding the handling of dossiers of submission for approval of policies on additional investment in charter capital of enterprises with 100% state capital as follows:
- The uniform implementation of dossiers submitted to the Prime Minister for consideration and decision. The program of additional investment in charter capital for enterprises in which 100% of charter capital is held by the State (capital) in operation under regulations, completed before June 20, 2022, in which clear implementation instructions are needed. with the following contents:
+ The appraisal and assessment of the enterprise's dossiers falls under the responsibility and authority of the CPA, in coordination with the finance authority at the same level as prescribed by law.
+ Results of appraisal, evaluation and proposals must be fully incorporated into the Report to the Prime Minister as a basis for consideration and approval of the policy of additional investment in charter capital as prescribed by law (including: vi, in case of additional capital investment, completeness of the application, order, procedures, content of the application, re-determined charter capital level and additional investment source of charter capital...),
enclosed with the document. of the financial agency at the same level has all the above-mentioned contents. The CPA is fully responsible for information, content, data, appraisal results and proposals.
What is the order and procedures for formulating and approving an investment plan to supplement charter capital for an enterprise with 100% state-owned charter capital in operation?
Pursuant to Article 10 of Decree 91/2015/ND-CP and Clause 6, Article 2 Decree 140/2020/ND-CP as follows:
“Article 10. Order and procedures for formulating and approving plans for additional investment in charter capital for enterprises in which 100% of charter capital is held by the State and are in operation. Act
1. Enterprises in which 100% of charter capital is held by the State shall prepare an investment plan to supplement charter capital, including two contents: re-determined charter capital and additional investment sources of charter capital as prescribed in Clause 1 of this Article. Article 9 of this Decree, to the owner's representative agency. A dossier of investment plan to supplement charter capital includes:
a) A document determining the level of charter capital, redefining and requesting additional investment sources to the charter capital of the enterprise;
b) Report on assessment of financial status and results of production and business activities of the enterprise and explanation of objectives, necessity and socio-economic efficiency of additional investment in charter capital ;
c) A written explanation of the method of determining the adjusted charter capital (enclosed with a copy of the decision approving construction investment projects related to the main business lines of the enterprise 100% owned by the State). charter capital; a copy of the enterprise's 5-year production and business strategy and plan approved by the competent authority);
d) A copy of the decision of the competent authority to announce the classification results of the enterprise in the 03 consecutive years preceding the year of determining the adjustment of charter capital;
dd) A copy of the audited financial statement for the 3 consecutive years preceding the year of determining the adjustment of charter capital.
e) A written explanation of the capital sources used for additional investment in charter capital and adjustment of charter capital.
2. Within 15 working days from the date of receipt of a complete dossier of the enterprise, the agency representing the owner is responsible for checking the dossier to ensure compliance with regulations, appraising the report contents, evaluate, determine the charter capital level and explain related to the source of additional investment capital in the enterprise's dossier for a written request (enclosed with the dossier prepared according to the provisions of Clause 1 of this Article) to the agency. financial authorities at the same level for comments.
In case the enterprise's dossier is not as prescribed, the agency representing the owner must make a written request to the enterprise to supplement and complete the dossier in accordance with regulations, within 07 working days from the date of application. Get business records.
3. Within 15 working days from the date of receipt of the written request of the agency representing the owner (enclosed with the dossier prepared as prescribed in Clause 1 of this Article), the finance authority of the same level has give written opinions on the investment plan to supplement charter capital for the enterprise and send it to the owner's representative agency.
In case the finance authority of the same level does not accept the enterprise's application for additional investment in charter capital, it must send a written response (clearly stating the reason) to the representative agency of the owner and the enterprise within a period of time. within 10 working days from the date of receipt of the document enclosed with the complete application file of the agency representing the owner.
4. Based on the written opinions of the finance authority at the same level, the owner's representative agency directs enterprises in which 100% charter capital is held by the State to complete the dossier for the owner's representative agency to complete. ownership and submit it to the Prime Minister for consideration and decision according to its competence specified in Article 15 of the Law on management and use of state capital invested in production and business in enterprises, except for the case specified in Clause 6 of this Article. Specifically:
a) For enterprises established by decision of the Prime Minister, the Prime Minister shall consider and decide on investment plans to supplement charter capital from the state budget capital, development investment fund at enterprises and the Enterprise Arrangement and Development Support Fund.
b) For enterprises established by decision of the owner's representative agency or assigned to manage, the Prime Minister shall consider and decide on the policy of additional investment in charter capital for these enterprises. Pursuant to the approval of the policy of the Prime Minister, the agency representing the owner shall decide to invest in additional charter capital and adjust charter capital for enterprises according to the provisions of Article 11 of this Decree.
c) In case of additional investment in charter capital from the state budget, the Enterprise Development Investment Fund and the Enterprise Arrangement and Development Support Fund have the additional capital equivalent to the capital of the project. For projects of national importance, the owner's representative agency shall report to the Prime Minister for consideration and report to the National Assembly for decision on investment policies. After the National Assembly decides on the investment policy, the Prime Minister shall decide on the investment plan to supplement charter capital.
5. In case of additional investment in charter capital from the state budget, based on the approved plan for additional investment in charter capital, the owner's representative agency shall send a written request to the financial authority. Plans at the same level for submission to competent authorities according to the decentralization of state budget management and regulations of law on state budget shall be included in the annual state budget expenditure estimates (contents of capital investment expenditures). State into enterprises) as the basis for additional charter capital for enterprises in which 100% of charter capital is held by the State.
6. In case of additional investment in charter capital using only the Enterprise Arrangement and Development Support Fund, the owner's representative agency must have a plan to report to the Ministry of Finance (enclosed with the application for preparation of documents). as prescribed in Clause 1 of this Article) for appraisal and submission to the Prime Minister for consideration and decision.”
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