Publicity and Transparency in State-Owned Enterprise Management

Law on Amendments and Supplements to a number of Articles of the Law on Anti-Corruption issued by the National Assembly on November 23, 2012. This Law supplements 09 new articles; amends 15 articles and abolishes 01 article (Article 73) of the current Law. Notably, the amendments and supplements pertain to transparency and disclosure in the management of state-owned enterprises.

According to Clause 5, Article 1 of the amended Anti-Corruption Law 2012, which amends and supplements Article 18 of the Anti-Corruption Law 2005, the contents of transparency and disclosure in the management of state-owned enterprises are regulated as follows:

- State-owned enterprises are responsible for disclosing the following contents:

- State capital and assets invested in the enterprise;- Capital and assets of the enterprise invested in subsidiaries and affiliated companies;- Investments outside the main business sectors;- Preferential loans;- Financial and audit reports;- The establishment and use of the enterprise's fund;- Appointment of leadership and management positions;- Names, tasks, salaries, and other income of members in the Members' Council, Board of Directors, General Director, Deputy General Director, Director, Deputy Director, Controllers, Chief Accountant.

- Annually, state-owned enterprises established by the Prime Minister must report these contents in writing to the Ministry of Finance, the state management ministry for the main business sector, and the Government Inspectorate.

- State-owned enterprises established by the Minister must also report these contents in writing to the Ministry of Finance, the state management ministry for the main business sector, the Government Inspectorate, and the ministry inspectorate;- State-owned enterprises established by the Chairman of the People's Committee of provinces, centrally run cities must report these contents in writing to the Department of Finance, the state management department for the main business sector, and the provincial, centrally run city Inspectorate.

More details can be found in: Amended Anti-Corruption Law 2012 effective February 01, 2013, which amends and supplements some articles of the Anti-Corruption Law 2005.

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