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Expending converted subjects to be one member company limited


The Government has just issued Decree No 25/2010/NĐ-CP dated on 3/19/2010 on the conversion of state owned company to one member company limited and organization of one member company limited owned by the State.
This Decree will come into effect form 5/5/2010 and replace the Decree No 95/2006/NĐ-CP

Noticeable point in this Decree is the subjects to be conversed. Accordingly, conversed subjects will not only include subjects which had been regulated in Decree No 95/2006/ND-CP but also include agriculture enterprises, forestry enterprises, State farms, State forestation Yards

Concurrently, instead of many ministries and state bodies are appointed as State owner representative, this Decree stated that each state owned company to be converted into one member company limited or being new established will be governed by only one Sate body.

Concretely, for one Member Company limited being converted form parent company of state owned group companies, State owned company with large scale and important role will be governed by the Prime Minister or one authorized special organization.

Ministries, People's committees at province level will be devolved to carry out rights and obligations of the owner in one member company limited being converted form state owned companies directly severing for national security and defense, public interest being established by ministries and people's committees at province level; parent company in state owned corporation; state owned companies in the model of parent company - subsidiary company; depended state owned companies; agriculture enterprises, forestry enterprises, State farms, State forestation Yards established by ministries and people's committees at province level which are subjects of equitization but still not be converted until 7/1/2010 yet.

Besides, to eliminate the fact that many state bodies without being assigned responsibility of the owner, especial local functional departments, continuously participate in making decision on enterprises' operation, this Decree also stated that state agencies which not being assigned to carry out rights and obligations of owner shall only conduct state management responsibilities toward one member company limited in assigned fields.

On conditions of conversion, this Decree does not stipulate condition of charter capital which is deferent from the old provision. This provision will contribute to strengthen the conversion progress because under the old provision some enterprises with their charter capital lower than 30 billion VND will have to follow one more procedure to obtain permission on converting into one Member Company limited. Replacing this provision, the article 8 of this Decree stipulates more in detail about conditions for converting of each enterprise.



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