Chương 4 Nghị định 25/2010/NĐ-CP chuyển đổi công ty nhà nước thành công ty trách nhiệm hữu hạn một thành viên tổ chức quản lý: Quản lý, giám sát của chủ sở hữu đối với công ty trách nhiệm hữu hạn một thành viên

Chapter IV

MANAGEMENT AND SUPERVISION OF ONE-MEMBER LIMITED LIABILITY COMPANIES BY THEIR OWNERS

Article 31. Management and supervision of one-member limited liability companies by their owners

The State owner shall manage and supervise a one-member limited liability company in the following areas:

1. Fulfillment of operation objectives, tasks and orientations:

a/ Operation objectives, business lines, development strategies, and production, business, investment and financial plans of the company:

b/ Portfolio and investment in main business lines and lines unrelated to main business lines; and highly risky business lines, sectors, geographical areas and projects;

c/ Supplying public-utility products and services;

d/ Results of fulfillment of objectives and tasks assigned by the owner.

2. Capital and finance:

a/ Capital preservation and development by the company;

b/ Investments, debts and solvency of the company;

c/ Results of financial operations, business efficiency and ratio of profit to state capital;

d/ Total fund of salaries paid by the company; the company's average salary raise rate compared with the labor productivity increase rate:

e/ Increase or transfer of part of the company's charter capital.

3. Organization and personnel:

a/ The company's reorganization, dissolution and bankruptcy; change of the company's legal status: modification of the company charter; change of ownership structure of affiliate companies which will paralyze the company's dominating right;

b/ The appointment, dismissal, removal from duty, company management objectives, tasks or contract, salaries, bonuses, task performance and results of operation of the Members' Council. President and controllers; the appointment, dismissal, removal from duty, signing of labor contract, salary, bonus, task performance and results of operation of the Director General.

4. Abidance by the owner's decisions and the company charter.

5. Other issues specified by the Law on Enterprises and relevant laws.

Article 32. Notification and reporting by the Members' Council and the President and responsibilities of the owner for responding to proposals of the Members' Council and the President

1. Notification and reporting by the Members" Council and the President to the owner:

a/ Within 30 days after the end of a quarter or year, the Chairman of the Members' Council or the President shall send a written report on the company operation and business results as specified in Clause 14, Article 20 of this Decree and orientations for its operation in the coming period;

b/ Within 5 working days after issuing a decision on the company's organizational structure and internal management regulation; salary grade and rank, basic salary and salary payment for employees and managers: commendation and disciplining of the Director General; or a matter subject to the company owner's approval as specified in this Decree, the

Chairman of the Members' Council or the President shall send a written report on such decision.

2. Within 30 days after receiving a report of the Members' Council or the President and a request for approval of a decision of the Members" Council as specified in Clause 12, Article 20, or of the President as specified in Clause 3. Article 27. of this Decree, the owner shall decide to approve in writing or issue a reply.