Chương I Nghị định 23/2022/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree elaborates on some Articles of the Law on enterprises and the Law on management and use of state capital invested in manufacturing and business operations of enterprises in respect of establishment, reorganization (excluding bankruptcy), conversion of ownership (excluding conversion of wholly state-owned enterprises into joint-stock companies), and transfer of rights to represent state capital owner in wholly state-owned enterprises.

2. The bankruptcy of wholly state-owned enterprises will be carried out in accordance with the Law on Bankruptcy. Conversion of wholly state-owned enterprises into joint-stock companies shall be carried out in accordance with the Government’s regulations on conversion of wholly state-owned enterprises into joint-stock companies.

3. Establishment, reorganization, conversion of ownership, and transfer of rights to represent state capital owner in credit institutions that are wholly state-owned enterprises and agricultural enterprises and forestry enterprises shall comply with regulations herein and relevant laws. In case of divergence between such legislative documents, regulations of the Law on banking and relevant laws shall prevail, except the cases specified in Clause 2 Article 156 of the Law on promulgation of legislative documents.

Article 2. Regulated entities

This Decree applies to:

1. Owner’s representative agencies. State Capital Investment Corporation shall comply with specific regulations adopted by the Government.

2. Wholly state-owned enterprises defined in Clause 2 Article 88 of the Law on enterprises.

3. Organizations and individuals involved in the establishment, reorganization, conversion of ownership, and transfer of rights to represent state capital owner in wholly state-owned enterprises.

Article 3. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. Types of reorganization: consolidation, merger, full or partial division, or dissolution of a wholly state-owned enterprise.

2. Types of ownership conversion: selling a part of state capital at a wholly state-owned enterprise to convert it into a multi-member limited liability company; selling the entire state capital at a wholly state-owned enterprise.

3. Owner’s representative agencies: Ministries, ministerial agencies, Governmental agencies, and People's Committees of provinces or central-affiliated cities (hereinafter referred to as “Provincial People's Committees”).

4. Enterprises established under the Prime Minister’s decision are wholly state-owned parent companies of state-owned economic groups, State Capital and Investment Corporation, and enterprises having operating capital acquired from the implementation of national important projects of which investment policies have been approved the National Assembly.