Chương 6 Luật Doanh nghiệp Nhà nước 1995: Tổng công ty nhà nước

Chapter VI

STATE CORPORATIONS

Article 43.-

1. A State corporation is established and operates on the basis of the association of many member units having close relations of interests in economy, technology, supply, consumption, information, training, research, marketing, operating in one or a number of main specialized technical-economic sectors, with the aim of strengthening the business capacity of the member units, and discharging the tasks of the socio-economic development strategy in each period.

2. The State Corporation is a business organization having the legal person status, its seal, assets and centralized funds as prescribed by the Government. It is assigned funds, natural resources, land and other resources by the State for management, and has the responsibility to preserve and develop the capital, to use effectively the resources assigned, to exercise the rights, and discharge the obligations of a State enterprise as provided for in Chapter II of this Law.

3. Depending on the importance of its size and location, the State Corporation may have or not have a financial company as a member company.

Article 44.-

1. The State Corporation may have the following types of member company:

a/ Independent cost-accounting unit;

b/ Dependent cost-accounting unit;

c/ Public service unit.

2. The member unit of a State corporation has its seal, is allowed to open its bank account according to the cost-accounting mode of a State corporation. The independent cost-accounting member unit has a separate statute passed by the Board of Management of the corporation, consistent with the provisions of this Law and the Statute of the State Corporations.

3. The financial and cost-accounting system of the State corporation shall be defined by the Government.

Article 45.- The independent cost-accounting member unit of a corporation has the rights and obligations stipulated in Chapter II this Law, excerpt the rights and obligations stipulated in Point A, Item 1, Article 7, and Item 1, Article 10, and is bound in interests and obligations to the State corporation as follows:

1. To receive, preserve and develop the capital, use in an effective way the resources assigned by the corporation; to carry out the decisions of the corporation concerning the readjustment of capital and other resources consistent with the duties of the enterprise in the corporation;

2. To take the initiative in business on the basis of the common business coordination plan of the corporation.

3. To contribute to the centralized funds of the corporation as prescribed by the Statute of the State Corporations;

4. To be delegated by the corporation to sign and implement economic contracts with customers at home and abroad, by delegation of the corporation;

5. To be assigned by the corporation to organize the implementation of development projects under the plan of the corporation, on the basis of using the resources assigned by the corporation;

6. To propose the corporation to consider and decide, or be delegated by the corporation to decide, the establishment, reorganization, dissolution, merger of the directly affiliate units, and decide the management apparatuses of such units.

Article 46.- The cost-accounting units dependent on the State corporation may sign economic contracts in accordance with the devolution of the corporation , may take the initiative in business and financial activities, in organization and personnel matters, in accordance with the devolution or delegation of powers by the corporation.

Article 47.- The public service unit carries out the system of revenue-expenditure balance, may generate income through providing services, enter into contract concerning scientific research and training with units inside or outside the corporation.

Activities of the public service units are carried out under the statute approved by the Board of Management of the corporation.

Article 48.- On the basis of the stipulations on the establishment, reorganization and dissolution of State enterprises stipulated in Chapter III of this Law, the Government shall provide for the establishment, reorganization and dissolution of the corporation and its member enterprises.