Chapter I
GENERAL PROVISIONS
Article 1.- The State enterprise is an economic organization which is capitalized, set up, organized and managed by the State, and carries out business or public utility operations aimed at achieving the socio-economic objectives assigned by the State. The State enterprise has the legal person status, civilian rights and obligations, takes responsibility for all its activities in business operation within the limit of the capital placed under its management.
The State enterprise has a name, its own seal and its head-office established in Vietnam.
Article 2.- This Law applies to all State enterprises which are organized in the forms of an independent enterprise, a corporation, a member enterprise of a corporation, and which manage the funds invested by the State in the enterprise.
Article 3.- For the purpose of this Law, the following terms shall be understood as follows:
1. "State fund assigned to the enterprise for management and use" is the fund allocated by the budget, or originating from the budget, and the fund accumulated by the State enterprise itself.
2. "Independent State enterprise" is a State enterprise that is not part of the organizational structure of any other enterprise.
3. "Business State enterprise" is a State enterprise that operates with profit as main objective.
4. "Public service State enterprise" is a State enterprise that manufactures and provides public services pursuant to State policies, or directly involved in the discharge of defense or security tasks.
5. " State predominant shares" are the following categories of shares :
a/ The State owns more than 50% (fifty per cent) of the total shares of the enterprise.
b/ The State shares are at least twice as much as those held by the biggest shareholder in the enterprise.
6. "State special shares" are State shares the enterprises where the State has no predominant shares, but has the right to decide some important issues of the enterprise as mutually agreed upon in the statute of the enterprise.
Article 4.- The State enterprises shall operate under the present Law and other juridical provisions.
The State protects the lawful rights and interests of the State enterprises and ensures their equality before law.
The Government shall make concrete provisions for the enforcement of this Law with regard to public service State enterprises which operate in some especially important areas, or which directly serve the defense and security sectors.
Article 5.- The Communist Party organizations in State enterprises shall operate according to the Constitution, the law of the Socialist Republic of Vietnam, and the Party regulations.
Trade union organizations and other socio-political organizations in the State enterprises shall operate according to the Constitution and law.
Tìm kiếm
Luật Doanh nghiệp Nhà nước 1995 (Bản Word)