Chương 6 Nghị định 103/1999/NĐ-CP: Tổ chức thực hiện giao, bán, khoán kinh doanh, cho thuê doanh nghiệp nhà nước

Chapter VI

ORGANIZING THE ASSIGNMENT, SALE, BUSINESS CONTRACTING AND LEASE OF STATE ENTERPRISES

Article 54.- Competence to select and decide the application of assignment, sale, business contracting or lease of enterprises

Based on the overall plan for restructure of the State enterprises, already approved by the competent level:

1. Ministers of the branch-managing ministries and presidents of the provincial People’s Committees shall decide the assignment, sale, business contracting or lease of the enterprises under their respective management, including member enterprises of Corporations 90.

2. The Managing Boards of Corporations 91 shall decide the assignment, sale, business contracting or lease of their member enterprises.

Article 55.- Responsibilities for organizing the assignment, sale, business contracting and lease of State enterprises

1. The Enterprise Management Renewal Boards of the ministries, provinces, centrally-run cities and Corporations 91 shall be the bodies assisting the ministers, the provincial People’s Committee presidents, or chairmen of the Managing Boards of Corporations 91 to organize the assignment, sale, business contracting and lease of State enterprises.

Depending on the characteristics of the production and business lines, the form of assignment, sale, business contracting or lease of enterprises and on the financial situation of the enterprises, the Enterprise Management Renewal Boards may invite representatives of banks, enterprises, laborers in the enterprises and of other relevant agencies to join.

2. The ministries, provincial People’s Committees and Corporations 91 shall have to decide the establishment of the Renewal Boards at the enterprises to be assigned, sold, business contracted or leased, which shall make preparation, draft plans, inventory assets, capital and debts, make lists of laborers of the enterprises and proceed with other necessary procedures under the guidance of the superior Enterprise Management Renewal Boards.

Article 56.- Tasks of the Enterprise Management Renewal Boards of the ministries, provinces, centrally-run cities and Corporations 91 in organizing the assignment, sale, business contracting and lease of enterprises.

1. In case of enterprise assignment:

a) To draw up the enterprise assignment plan; announce to the entire laborers in the enterprise and on mass media the assignment of enterprise;

b) To appraise the enterprise’s value; determine the current state of assets as well as their quality, technical properties and the market prices;

c) To compare debts; make the list of creditors and debtors and the amounts of recoverable debts and payable debts; to draw up plans for dealing with existing problems regarding the enterprise’s finance and labor;

d) To make the contract for assignment of enterprise and report it to the minister, the provincial People’s Committee president or the Managing Board of the Corporation 91 for decision;

e) To guide, inspect and supervise the Renewal Board at the enterprise in recovery of the enterprise’s assets, return of assets which the enterprise has rented, borrowed or kept in custody for others; the recovery and payment of debts of the enterprise; hand over the assets, books and relevant dossiers to the enterprise assignee as agreed upon in the enterprise assignment contract;

f) To handle according to competence matters arising from the assignment of enterprise.

2. In case of enterprise sale:

a) To draw up the plan for sale of enterprise; announce to the entire laborers in the enterprise and on the mass media the sale of enterprise;

b) To appraise the enterprise’s value, determine the projected price for the sale of enterprise, based on the value on books, the current state of assets, their quality and technical properties at the market price;

c) To compare debts; make the lists of creditors and debtors as well as the amounts of recoverable debts and payable debts; draw up plans for dealing with existing problems regarding the enterprise's finance and labor;

d) To organize the direct sale or sale through bidding of the State enterprise; analyze and evaluate bids, propose the sale price (in case of direct sale) or select the bid winner (in case of bidding) for the enterprise seller to decide;

e) To make the contract for the sale of enterprise and report it to the minister, the provincial People’s Committee president or the Managing Board of the Corporation 91 for decision;

f) To guide, inspect and supervise the Renewal Board at the enterprise in recovery of the enterprise’s assets, return of the assets the enterprise has rented, borrowed, kept in custody for others; recovery and payment of the enterprise’s debts; hand over the assets, books and relevant dossiers to the enterprise purchaser as agreed upon in the enterprise-selling contract;

g) To handle according to competence matters arising from the sale of enterprise.

3. In case of enterprise leasing:

a) To draw up the plan for enterprise leasing; determine criteria and conditions for lease of enterprise; announce at the enterprise and on mass media the lease of enterprise;

b) To guide the Renewal Board at the enterprise in the inventory of the entire assets owned by the enterprise, determine the financial real situation and assets of the enterprise, which shall be converted into value before the lease;

c) To determine the minimum leasing price and propose the enterprise leasing price;

d) To analyze and evaluate the lease plan; discuss and negotiate directly with the lessee on the leasing contract or organize bidding for the enterprise lease. To propose the direct lessee (in case of direct lease) or the bid winner (in case of bidding) to the person who has decided the leasing of enterprise for decision;

e) To make the contract for enterprise leasing and report it to the minister, the provincial People's Committee president or the Managing Board of the Corporation 91 for decision;

f) To handle according to competence matters arising from the lease of enterprise.

4. In case of business contracting of enterprise.

a) To determine the criteria and conditions for business contracting; to organize the elaboration of plan for business contracting of the enterprise;

b) To directly discuss with the business contractor or organize a bidding to select the business contract performer;

c) To make the business contract and report it to the minister, the provincial People's Committee president or the Managing Board of the Corporation 91 for decision.

Article 57.- Responsibilities of the Enterprise Management Renewal Boards of the ministries, provinces, centrally-run cities and Corporations 91

The Enterprise Management Renewal Boards of the ministries, provinces, centrally-run cities and Corporations 91 shall take responsibility for the contents and results of their assigned work before the persons who have decided the assignment, sale, business contracting and lease of enterprises and before law.

Article 58.- Competence to approve plans for assignment, sale, business contracting or lease of enterprises

1. At the proposals of the Enterprise Management Renewal Boards, the ministers, the provincial People’s Committee presidents and the Managing Boards of Corporations 91 shall decide the criteria and conditions for business contracting, the leasing prices, the sellingprices and approve the plans for assignment, sale, business contracting or lease of enterprises which possess on their accounting books the State capital of under VND1 billion.

2. Enterprise which possess on their accounting books the State capital of from 1 to under VND5 billion shall be considered on the case be case basis by the Prime Minister upon the submission by the ministers, the provincial People’s Committee presidents or the Managing Boards of the Corporations 91.

Article 59.- Competence to sign contracts for the assignment, sale, business contracting or lease of enterprises

1. The contracts for assignment, sale, business contracting or lease of the State enterprises under the management of the ministries shall be signed by the ministers or the persons authorized by the ministers.

2. The contract for assignment, sale, business contracting or lease of the State enterprises under the local management shall be signed by the provincial People’s Committee presidents of the persons authorized thereby.

3. The general directors of the Corporations 91 shall sign contracts for assignment, sale, business contracting or lease of their member enterprises.

Article 60.- Responsibilities for organizing and monitoring the performance of the contracts for assignment, sale, business contracting or lease of enterprisesPersons who sign the contracts for assignment, sale, business contracting or lease of enterprises shall have the responsibilities to:

1. Organize the performance of contracts for assignment, sale, business contracting or lease of enterprises;

2. Monitor, supervise and inspect the performance of contracts and handle arising matters.

3. All problems arising in the course of performing contracts for assignment, sale, business contracting or lease of enterprises shall be jointly settled by the contracting parties; if disputes still exist, they may request the provincial Economic Court to decide.

Article 61.- Announcing and registering for the assignment, purchase, business contracting or renting of enterprises

The Enterprise Management Renewal Boards of the ministries, provinces, centrally-run cities and Corporations 91 shall announce before the entireenterprises and on the mass media the application of the form of assignment, sale, business contracting or lease of enterprises and make the lists of registrants for the assignment, purchase, business contracting or renting of enterprises within 30 days after the competent levels approve the plans on the transformation of enterprises.

Past such time limit, if no one registers for any of such forms, the Enterprise Management Renewal Boards shall request the competent level to proceed with the procedures for the dissolution of enterprises. Where an enterprise has fallen into the state of bankruptcy, the enterprise director shall have to file an application requesting the provincial Economic Courtto carry out procedures for the bankruptcy of the enterprise.