Chương VIII Luật Quản lý, sử dụng vốn Nhà nước đầu tư vào sản xuất, kinh doanh tại doanh nghiệp 2014: Đánh giá, xếp loại, báo cáo và công khai hoạt động của doanh nghiệp do nhà nước nắm giữ 100% vốn điều lệ

Chapter VIII

EVALUATION, RATING, REPORTING AND DISCLOSURE OF ACTIVITIES OF ENTERPRISES OF WHICH 100% CHARTER CAPITAL IS HELD BY THE STATE

Article 59. Evaluation and rating of enterprises, assessment of enterprise’s managers and auditors

1. Evaluation and rating of the enterprise shall be based on the following criteria:

a) The rate of plan implementation of the enterprise in terms of revenue, profit and return on equity;

b) Capability of repaying debts and overdue payables;

c) Implementation of duties to provide public products and services according to the State's purchase order or as planned;

d) Compliance with policies and laws on investment, management, utilization of state capital in enterprises as well as other relevant regulations.

2. Evaluation and rating of the performance of managers and auditors must rely on the result of assessing and rating enterprise, exercising their delegated powers and performing their assigned duties.

Article 60. Report on the enterprise’s activities

1. The enterprise must inform the owner’s representative agency of the followings:

a) Plan for investment and development, and plan for production and business, and annual financial plan of the enterprise;

b) Quarterly and annual report on the outcome of plan implementation;

c) Half-year and annual financial statements;

d) Resolution and decision of the Board of Members;

dd) Investment projects, progress in implementing investment projects;

e) Any issue that can cause impacts on the result of implementing the plan for investment, development, plan for production, business and financial proposal of the enterprise;

g) Result of internal supervision;

h) Other contents stipulated by the law on enterprises.

2. The enterprise must carry out the auditing of annual financial statement of the enterprise. Before and after being audited, annual financial statements must be sent to the owner's representative agency, finance department of the same level and competent authorities in accordance with laws.

3. The Board of Members, Chairperson and members of the Board of Members or the President of the enterprise shall be legally responsible for accuracy and truth of reported contents in accordance with Clause 1 of this Article.

Article 61. Disclosure of information about the enterprise’s activities

1. The enterprise must publicly and timely post relevant information about the enterprise’s operations on their websites in accordance with regulations laid down in Clause 1 Article 60 hereof.

2. The owner’s representative agency must publicly and timely post relevant information about investment, management and utilization of state investment in enterprises established or managed under their delegated authority on the website of such agency.

3. The Ministry of Finance must publicly and timely post reports on investment, management and utilization of state capital in enterprises across the country on the website administrated by the Ministry of Finance after these activities have been reported to the National Assembly by the Government.

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