Chapter VII
IMPLEMENTATION PROVISIONS
Article 48. Transitional provisions
1. The enterprise whose decision on publishing the enterprise value is given but the equitization plan has not been approved before the effective date of this Decree shall develop the equitization plan and implement it under provisions stated herein. The enterprise mentioned in Clause 1 Article 26 herein shall carry out state audit and readjust the published enterprise value if there is any difference arising.
2. The enterprise whose decision on equitization plan has been approved by a competent authority before the effective date of this Decree shall continue to implement such plan. Financial handling and terminal statements on the revenue earned from equitization on the date of obtaining the certification of first registration of JSC shall comply with provisions stated herein.
3. The enterprise that has been equitized before the effective date of the Government’s Decree No. 59/2011/ND-CP dated July 18, 2011 shall report any issues arising while deducting the advantage value of points from the annual land rent to the Prime Minister.
4. The enterprise whose plan for offering shares to strategic investors has been approved by a competent authority before the effective date of this Decree shall continue to implement such plan. In case of the remaining shares (difference between the number of actual shares offered to the strategic investor and the total number of shares expected to offer thereto according to the approved equitization plan), the representative authority shall adjust and restructure charter capital and before the first General meeting of shareholders is held to continue transferring capital in accordance with regulations of law on transfer of state capital to JSCs.
5. The equitized enterprise that has been converted into the form of a JSC before the effective date of this Decree shall not comply with provisions stated herein.
Within 90 working days from the effective date of this Decree, the representative authority shall cooperate with relevant authorities in settling financial issues or approving financial statements; terminal statements on equitization expenses, expenses for redundancy policies or the revenue earned from equitization; publishing the actual state capital value from the day on which the JSC obtains the certification of first registration of JSC and directing transfer to the JSC according to the Decree No. 59/2011/ND-CP dated July 18, 2011, Decree No. 189/2013/ND-CP dated November 20, 2013 and the Decree No. 116/2015/ND-CP dated November 11, 2015 by the Government.
6. The enterprises mentioned in Clause 1 and Clause 2 this Article whose plans for land use have not been approved by a competent authority stated in provisions of the Government’s Decree No. 01/2007/ND-CP dated January 06, 2017 on amendments to certain decrees specifying implementation of the Land Law shall have their plans for land use approved before the day on which the JSC obtains the certification of first registration of JSC.
The representative authority shall cooperate with the provincial People’s Committee where land area is requested for allocating or leasing by the enterprise in directing the enterprise and law enforcement authorities to consider approving the plan for land use made by the equitized enterprise.
7. The enterprise assistance fund for the parent company still available until December 31, 2017 (including receivables and unused funds) shall be transferred to the Enterprise Assistance and Development Fund. The parent company whose additional charter capital has been approved from the enterprise assistance fund by a competent authority before the effective date of this Decree shall be entitled to add the charter capital in accordance with the approved plan.
Article 49. Implementation provisions
1. This Decree comes into force from January 01, 2018 and replaces the Government’s Decree No. 59/2011/ND-CP dated July 18, 2011 on conversion from wholly state-owned enterprises into JSCs; Decree No. 189/2013/ND-CP dated November 20, 2013 and Decree No. 116/2015/ND-CP dated November 11, 2015 by the Government on amendments to certain articles of the Decree No. 59/2011/ND-CP. The previous regulations on equitization against provisions stated herein shall be invalidated.
2. Single-member LLCs with 100% of charter capital held by socio-economic organizations or socio-political organizations established and operating in accordance with the Law on Enterprises shall comply with provisions stated herein to convert into JSCs.
Article 50. Responsibility for implementation
1. Ministry of Finance, Ministry of Labor - War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Planning and Investment; State Bank of Vietnam; Vietnam Social Security; State Audit Office of Vietnam and relevant authorities shall provide guidance on implementation of this Decree within their competence.
2. Ministers, heads of ministerial and governmental authorities, Chairpersons of provincial People’s Committees, boards of members of economic groups and corporations established by the Prime Minister’s decision shall implement this Decree.
Tìm kiếm
Nghị định 126/2017/NĐ-CP (Bản Word)
Nghị định 126/2017/NĐ-CP (Bản Pdf)