What are the regulations on the rules for organizing transfer of rights to represent state capital owner in enterprises in Vietnam?
- What are the regulations on the rules for organizing transfer of rights to represent state capital owner in enterprises in Vietnam?
- What are the rights and responsibilities of the owner's representative agency in case of transfer of rights to represent state capital owner in Vietnam?
- What are the policies for employees when transferring the right to represent the owner of state capital in enterprises in which 100% of charter capital is held by the State?
What are the regulations on the rules for organizing transfer of rights to represent state capital owner in enterprises in Vietnam?
Pursuant to Article 50 of Decree No. 23/2022/ND-CP stipulating the the rules for organizing transfer of rights to represent state capital owner in enterprises as follows:
Rules for organizing transfer of rights to represent state capital owner in enterprises
1. The transfer of rights to represent state capital owner in enterprises must adhere to the principle of preserving the status quo.
2. In case of changes in data after the transfer, relevant parties shall jointly find out reasons and take measures for settling and correcting data to be officially transferred.
3. Data transferred is those on the latest annual or quarterly financial statements which have been prepared and audited in accordance with regulations.
If the audited annual or quarterly financial statements are unavailable, data transferred shall be those on the enterprise’s latest financial statements. The owner’s representative agency or enterprise that receives transfer shall hire an independent audit organization to conduct audit of the received financial statements and correct transferred data (if any) according to Clause 2 of this Article.
Thus, the transfer of rights to represent state capital owner in enterprises must adhere to the principle of preserving the status quo.
What are the regulations on the rules for organizing transfer of rights to represent state capital owner in enterprises in Vietnam?
What are the rights and responsibilities of the owner's representative agency in case of transfer of rights to represent state capital owner in Vietnam?
Pursuant to Article 52 of Decree No. 23/2022/ND-CP stipulating the rights and responsibilities of owner's representative agency and enterprise as follows:
Rights and responsibilities of owner’s representative agency and enterprise
1. Rights and responsibilities of the owner’s representative agency:
a) Carry out transfer of rights to represent state capital owner in the enterprise according to the Prime Minister’s policies and the record of transfer of rights to represent state capital owner in enterprises;
b) Perform rights, responsibilities and obligations according to the transfer record.
2. Rights and responsibilities of the enterprise:
a) Assume responsibility for the accuracy of documents and data.
b) Perform rights, responsibilities and obligations according to the transfer record. In case of transfer of partial capital and/or assets between enterprises, the receiving enterprise shall inherit rights and legal liabilities for economic contracts, responsibility to collect and pay debts, and fulfill obligations to the State in accordance with regulations of law and other responsibilities (if any).
Thus, the owner's representative agency is responsible for transfer of rights to represent state capital owner in the enterprise according to the Prime Minister’s policies and the record of transfer of rights to represent state capital owner in enterprises.
At the same time, it performs rights, responsibilities and obligations according to the transfer record.
What are the policies for employees when transferring the right to represent the owner of state capital in enterprises in which 100% of charter capital is held by the State?
According to the provisions of Article 53 of Decree No. 23/2022/ND-CP on policies for employees when carrying out transfer as follows:
Policies for employees when carrying out transfer
1. The transferred enterprise shall make the list of existing employees, the list of employees who continue employment after transfer, the list of employees to be trained for continuing employment after transfer, the list of employees receiving retirement policies, and the list of employees who are required to terminate employment contracts.
2. Employees whose employment contracts are terminated shall be provided with redundancy or severance allowances in accordance with regulations on labour.
3. Employees who are eligible for retirement benefits shall be treated in accordance with regulations of the Law on social insurance and provided with other benefits in accordance with regulations of the Labour Code.
Thus, the transferred enterprise shall make the list of existing employees, the list of employees who continue employment after transfer, the list of employees to be trained for continuing employment after transfer, the list of employees receiving retirement policies, and the list of employees who are required to terminate employment contracts.
Employees whose employment contracts are terminated shall be provided with redundancy or severance allowances in accordance with regulations on labour.
Employees who are eligible for retirement benefits shall be treated in accordance with regulations of the Law on social insurance and provided with other benefits in accordance with regulations of the Labour Code.
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