Transfer of State Ownership Representation Rights in Enterprises: What is the Procedure?

The Circular specifically stipulates the procedure for the transfer of the state's ownership representation at enterprises as follows:

Step 1: Prepare the dossier

- Ministries and provincial People's Committees direct the Representative of the state capital at the enterprise or specialized units (for enterprises without a Representative) to prepare the Transfer Dossier according to the provisions in Article 9 of Circular 83/2018/TT-BTC and send it to the relevant units.

Step 2: Appraise the dossier and sign the transfer record

- Based on the Transfer Dossier, Ministries and provincial People's Committees direct specialized units to cooperate with SCIC and the enterprise subject to the transfer to appraise the information and data in the Transfer Dossier; prepare the Transfer Record of the state's ownership representation at each enterprise and report to the leaders of the Ministries, provincial People's Committees, or authorized persons to sign the Transfer Record.

Within 10 working days from the date of receipt of the Transfer Dossier from the Ministries and provincial People's Committees, SCIC signs the Transfer Record of the state's ownership representation.

- For cases where there is no consensus on the Transfer Dossier, within 10 working days from the date of receipt of the Transfer Dossier, SCIC must provide a written opinion sent to the Ministries, provincial People's Committees to supplement the Transfer Dossier in accordance with regulations.

Within 10 working days from the date of receipt of the written opinion from SCIC, Ministries and provincial People's Committees direct the Representative of the state capital at the enterprise and specialized units to cooperate with the enterprise to complete the Transfer Dossier as prescribed or provide written opinions on supplementing the Transfer Dossier.

- If necessary, SCIC cooperates with the Ministries and provincial People's Committees to hold meetings to discuss and reach consensus on the contents of the Transfer Record of the state's ownership representation.

Step 3: Send the transfer dossier and transfer record

- The transfer dossier is sent by the enterprise to the relevant parties after signing the Transfer Record, specifically:

- 01 set of Dossier sent to the Ministry or provincial People's Committee;- 01 set of Dossier sent to SCIC;- 01 set of Dossier kept at the enterprise;- 01 set of Annexes attached to this Circular sent to the Ministry of Finance (Department of Enterprise Finance).

- Upon completion of the transfer, SCIC sends the Transfer Record to the transferor (01 copy), the enterprise (01 copy), and the Ministry of Finance (Department of Enterprise Finance) (01 copy).

In the event that after the transfer, there are adjustments to the data in the Transfer Record, SCIC is responsible for sending the adjusted Transfer Record to the agencies mentioned in Clause 5, Article 10 of Circular 83/2018/TT-BTC.

See further related contents at: Circular 83/2018/TT-BTC effective October 15, 2018.

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