Chapter II
SOCIAL ENTERPRISES
Article 3. Responsibility of social enterprises and owners of sole proprietorships, members, shareholders of social enterprises
1. Social enterprises shall maintain pursue of social and environmental objectives, retained earnings for re-investment and other contents in the commitment to pursue social and environmental objectives throughout their operation. Unless the social and environmental objectives are terminated ahead of schedule, the social enterprise shall return all incentives, aids and sponsorships it received to pursue social and environmental objectives if it fails to fulfill the commitment to pursue social and environmental objectives and maintain retained earnings for re-investment.
2. Owners of sole proprietorships, general partners of partnerships, members of limited liability companies and related entities that are shareholders of joint stock companies, members of the Board of Directors, the Director/General Director holding office or within a specific period of time shall be jointly responsible for the damage caused by the social enterprise’s violations as prescribed in Clause 1 of this Article.
Article 4. Receipt of aids and sponsorships
1. Social enterprises may receive foreign non-governmental aids to pursue their social and environmental objectives in accordance with regulations of law on receiving foreign non-governmental aids.
2. Social enterprises may receive sponsorships in the form of property, finance or technical assistance to pursue their social and environmental objectives from domestic organizations and individuals and foreign organizations that have registered their operation in Vietnam as follows:
a) The enterprise shall prepare a document about receipt of sponsorship which specifies: information about the sponsors, types of property, value of property or money, time of sponsorship; requirements to be satisfied by the recipient; full name and signature of the sponsor’s representative (if any).
b) Within 10 working days from the receipt of the sponsorship, the enterprise shall send a notification to the authority in charge of management of aids and sponsorships affiliated to the People’s Committee of the province where the enterprise is headquartered. The notification shall be enclosed with a copy of the document about receipt of sponsorship.
Article 5. Conversion of social protection establishments, social funds and charitable funds into social enterprises
1. A social protection establishment, social fund or charitable fund may use all of its property, rights and obligations for conversion into a social enterprise after obtaining the written approval from the authority that issued the license for establishment.
2. After conversion, the social enterprise shall inherit all lawful rights, interests, debts (including tax debts), employment contracts and other obligations of the social protection establishment, social fund or charitable fund. The social protection establishment, social fund or charitable fund is shut down from the day on which the social enterprise is granted the Certificate of Enterprise Registration.
3. Documentation and procedures for conversion from social protection establishments, social funds and charitable funds into social enterprises shall comply with the Law on Enterprises and regulations of the Government on enterprise registration.
Article 6. Full division, partial division, consolidation, merger, dissolution of social enterprises
1. Social enterprises shall be fully divided, partially divided; consolidated, merged with other social enterprises or other enterprises as prescribed by corresponding regulations of the Law on Enterprises.
2. In case of premature termination of social and environmental objectives and dissolution of a social enterprise, the remaining assets or finance received by the social enterprise shall be returned to the providers, transferred to other social enterprises or organizations with similar social objectives or transferred to the State as prescribed by the Civil Code.
3. Documentation and procedures for full division, partial division, consolidation, merger, dissolution of social enterprises shall comply with the Law on Enterprises and regulations of the Government on enterprise registration.
Tìm kiếm
Nghị định 47/2021/NĐ-CP (Bản Word)
Nghị định 47/2021/NĐ-CP (Bản Pdf)
