This is one of the notable contents of the Draft Amended Law on Enterprises 2020, which is still in the period for public consultation.
Article table of contents
Illustrative image
To be specific:, according to Clause 8 Article 4 this Draft, State-owned enterprises include enterprises in which the State holds more than 50% of the charter capital, total shares with voting rights.
8. State-owned enterprises include enterprises in which the State holds more than 50% of the charter capital, total shares with voting rights as stipulated in Article 87a of this Law.
According to the current regulations, state-owned enterprises only include enterprises in which the State holds 100% of the charter capital. It can be seen that the Draft has expanded the concept of state-owned enterprises compared to the Law on Enterprises 2014.
At the same time, the Draft also supplemented Article 87a on state-owned enterprises, in the direction of clearly listing enterprises in which the State owns 100% of the charter capital and enterprises with controlling shares or capital contributions by the State.
To be specific:, Enterprises in which the State holds 100% of the charter capital include:
- Single-member limited liability companies in which the State holds 100% of the charter capital are the parent companies of state-owned economic groups, the parent company of state-owned corporations, the parent company in a parent-subsidiary group;
- Single-member limited liability companies that are independent companies in which the State holds 100% of the charter capital.
Enterprises in which the State holds more than 50% of the charter capital or total shares with voting rights include:
- Limited liability companies with 2 or more members, joint-stock companies in which the State holds more than 50% of the charter capital, total shares with voting rights as the parent company of economic groups, state-owned corporations, or in the parent-subsidiary groups.
- Limited liability companies with 2 or more members, joint-stock companies that are independent companies in which the State holds more than 50% of the charter capital, total shares with voting rights.
Nguyen Trinh
