Dossier of application for consolidation or merger of enterprises in which 100% capital is held by the State

Dossier of application for consolidation or merger of enterprises in which 100% capital is owned by the State (Artwork)

Accordingly, regulations on application for consolidation or merger of enterprises in which 100% of charter capital is held by the State include:

- A proposal for consolidation, merger, division or separation of the enterprise;

- The plan on consolidation, merger, division or separation of enterprises includes the following main contents:

+ Names and addresses of enterprises before and after the consolidation, merger, division or separation;

+ The necessity of consolidation, merger, division or separation of enterprises; conformity with strategies and plans for socio-economic development and national sectoral planning;

+ The charter capital of the enterprise after the consolidation, merger, division or separation;

+ Plan on arrangement and use of labor;

+ The plan for financial handling, transformation and handover of capital and assets and settlement of rights and obligations of enterprises related to the consolidation, merger, division or separation;

+ Time limit for implementation of consolidation, merger, division or separation of enterprises;

+ In case of division or split-up of enterprises to form new enterprises, the scheme on enterprise division and separation shall include additional contents specified in Clause 3, Article 6 of Decree 23/2022/ND-CP .

- The audited financial statement of the preceding year of the enterprise and the quarterly financial statement nearest to the time of consolidation, merger, division or separation;

- Draft Charter of the newly formed enterprise after the consolidation, merger, division or separation;

- Draft of the consolidation and merger contract as prescribed in Articles 200 and 201 of the Law on Enterprises in case of merger or consolidation of enterprises;

- Other documents related to the consolidation, merger, division or separation of the enterprise (if any).

Decree 23/2022/ND-CP takes effect from June 1, 2022; replace Decree 172/2013/ND-CP and Decree 128/2014/ND-CP .

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