Regulations on the ad hoc information disclosure for defense and security enterprises under the Ministry of Defense in Vietnam

Regulations on the ad hoc information disclosure for defense and security enterprises under the Ministry of Defense in Vietnam (Internet image)

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Regulations on the ad hoc information disclosure for defense and security enterprises under the Ministry of Defense in Vietnam

According to Article 10 of Circular 06/2024/TT-BQP on the ad hoc information disclosure, the following regulations apply:

- Defense and security enterprises must disclose the information on the electronic information portal and publications (if any), and publicly post it at the main office and business locations of the company;

Disclose the information on the enterprise portal and report to the Ministry of Defense (for defense and security enterprises under the Ministry of Defense) or the designated unit under the Ministry of Defense responsible for managing enterprises regarding ad hoc information within a 36-hour period from the occurrence of any of the abnormal events specified in Clause 1 of Article 110 of the Enterprise Law 2020 (except for cases specified in Clause 2 of Article 10 of Circular 06/2024/TT-BQP), as follows:

(1) Information about cases where the company's accounts are sealed or allowed to resume operations after being sealed;

(2) Partial or complete suspension of business activities; revocation of the Certificate of Business Registration, establishment license, establishment and operation license, operating license, or other licenses related to the company's activities;

(3) Amendment or supplementation of the content of the Certificate of Business Registration, establishment license, establishment and operation license, operating license, or other licenses related to the company's activities;

(4) Change of members of the Board of Directors, Chairman of the company, Director, Deputy Director, General Director, Deputy General Director, Chief Accountant, Chief Financial and Accounting Officer, Head of the Control Board, or Auditor;

(5) Decisions on disciplinary actions, prosecution, verdicts, or court decisions against company managers;

(6) Conclusions of inspection agencies or tax management agencies regarding violations of the law by the enterprise;

(7) Decisions to change independent audit organizations or refusal of audit reports on financial statements;

(8) Decisions to establish, dissolve, merge, or convert subsidiary companies, branches, or representative offices; decisions on investment, capital reduction, or divestment in other companies.

- Within a 36-hour period from the occurrence of any of the events specified in points (1), (2), (5), (6) mentioned above, in case of important, related, or affecting state secrets in the field of national defense and security, defense and security enterprises shall report the restricted information according to Form 05/DC Appendix II attached to Circular 06/2024/TT-BQP, report to the Ministry of Defense (for defense and security enterprises under the Ministry of Defense), or the designated unit under the Ministry of Defense responsible for managing enterprises, and submit it to the Economic Department, Military Security Protection Department for appraisal, consideration, and decision on the restricted content of ad hoc information disclosure.

Within a 7-day period from the date of receiving the report from the defense and security enterprise (for defense and security enterprises managed by the designated unit under the Ministry of Defense), or the transfer slip from the Office of the Ministry of Defense (for defense and security enterprises under the Ministry of Defense), the Economic Department shall take the lead in coordinating with the Military Security Protection Department and relevant agencies and units to appraise, report to the Minister of Defense for consideration, and decide on the restricted content of ad hoc information disclosure, and notify the enterprise to implement it, and inform the Ministry of Planning and Investment for monitoring and supervision.

Circular 06/2024/TT-BQP takes effect on March 10, 2024.

Nguyen Ngoc Que Anh.

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