Chương V Nghị định 47/2021/NĐ-CP: Công bố thông tin của doanh nghiệp nhà nước và cơ sở dữ liệu quốc gia về doanh nghiệp nhà nước

Chapter V

DISCLOSURE OF INFORMATION OF STATE-OWNED ENTERPRISES AND NATIONAL STATE-OWNED ENTERPRISE DATABASE

Section 1. DISCLOSURE OF INFORMATION OF STATE-OWNED ENTERPRISES

Article 20. Information disclosure principles

1. The disclosure of information of state-owned enterprises shall be adequate, accurate and timely as prescribed by law in order to ensure openness and transparency of the enterprises’ operation, ensure effectiveness of management and supervision by state authorities and the society.

2. Information shall be disclosed by the enterprise’s legal representative or the person authorized to disclose information. In the latter case, the enterprise shall send the power of attorney (Form No. 01 in Appendix II hereof) to the state ownership representative body and the Ministry of Planning and Investment and publishing this information on the enterprise’s website.

The enterprise’s legal representative or the person authorized to disclose information shall be responsible for the adequacy, timeliness, truthfulness and accuracy of the information disclosed.

3. The report on information disclosure shall be prepared according to the form in Appendix II hereof and converted into an electronic file (pdf, Word, Excel). The filename shall match the type of report as specified in Appendix II hereof. Information shall be disclosed in Vietnamese language.

4. An online information disclosure report has the same legal value as that of a physical report and is the basis for comparison and verification of information serving information collection; inspection, supervision as prescribed by law.

5. The online information disclosure report shall remain on the website of the enterprise or the state ownership representative body and the www.business.gov.vn for at least 05 years. The enterprises shall retain the disclosed information as prescribed by law.

Article 21. Methods and means of information disclosure

1. Information may be disclosed in the form of physical documents and electronic data.

2. Means of information disclosure include:

a) The enterprise’s website.

b) The state ownership representative body’s website.

c) www.business.gov.vn.

3. In case the information disclosure date is a day off or public holiday prescribed by law, the enterprise shall disclose information on the day succeeding the day off or public holiday.

4. information disclosure on means of mass media shall be regulated by state ownership representative bodies.

Article 22. Information disclosure accounts on www.business.gov.vn

1. The Ministry of Planning and Investment shall instruct enterprises to register information disclosure accounts. Enterprises shall use these accounts to update basic information about them and upload reports to www.business.gov.vn.

2. An information disclosure account on www.business.gov.vn shall have the following contents:

a) Information about the legal representative: full name, ID number; phone number, email address; position.

b) Basic information about the enterprise: The enterprise’s name, enterprise ID number, headquarters address, phone number, email address, website; state ownership representative body; ratio of state capital in the enterprise.

3. The enterprise must change its password within 01– 03 working days from the day on which the account is created; protect the account and password; promptly inform the Ministry of Planning and Investment if the account or password is lost or stolen or used by an unauthorized person.

Article 23. Periodically disclosed information

1. A wholly state-owned enterprise shall periodically disclose the following information:

a) Basic information about the enterprise and its charter;

b) Overall objectives, specific objectives and targets of the annual business plan approved by the state ownership representative body according to Form No. 2 in Appendix II hereof; this information shall be disclosed before March 31 of the execution year;

b) Report on implementation of the annual business plan according to Form No. 3 in Appendix II hereof; this information shall be disclosed before June 30 of the year preceding the succeeding year;

d) Report on performance of assigned public interest tasks assigned under the plan or awarded contract (in case of bidding) according to Form No. 4 in Appendix II hereof; this information shall be disclosed before June 30 of the year succeeding the execution year;

dd) 6-month report on administration and organizational structure of the enterprise according to Form No. 5 in Appendix II hereof; this information shall be disclosed before July 31 every year;

e) Annual report on administration and organizational structure of the enterprise according to Form No. 6 in Appendix II hereof; this information shall be disclosed before June 30 of the execution year;

g) The mid-year financial statements and summaries thereof audited by an independent audit organization, including the financial statement of the parent company and the consolidated financial statement (if any) as prescribed by regulations of law on corporate accounting; this information shall be disclosed before July 31 every year;

h) The annual financial statements and summaries thereof audited by an independent audit organization, including the financial statement of the parent company and the consolidated financial statement (if any) as prescribed by regulations of law on corporate accounting; this information shall be disclosed within 150 days from the end of the fiscal year.

2. Enterprises over 50% charter capital or voting shares are held by the State shall disclose information in accordance with Points a, c, dd, e, h Clause 1 of this Article.

Article 24. Ad-hoc information disclosure

The enterprise shall disclose information on its website or printed matter (if any) and posted at the headquarters, business location, www.business.gov.vn and send a notification to the state ownership representative body within 36 hours from the occurrence of any of the events specified in Clause 1 Article 110 of the Law on Enterprises.

Article 25. Disclosing information

1. The enterprise shall publish the information specified in Article 23 and Article 24 of this Decree on its website and www.business.gov.vn on schedule; and concurrently send a report to the state ownership representative body. For information that is important, relevant to or affecting national secrets and security, business secrets, the enterprise shall request the state ownership representative body to decide which information should be restricted from disclosure.

2. The state ownership representative body shall publish on its website the information to be periodically disclosed by the enterprise within 05 working days from the day on which the enterprise’s report is received. The state ownership representative body shall decide restriction of disclosure of information that is important, relevant to or affecting national secrets and security, the enterprise’s business secrets, and submit a report to the Ministry of Planning and Investment for monitoring.

Article 26. Delaying information disclosure

1. The enterprise shall submit a report to the state ownership representative body in case information cannot be disclosed on schedule due to force majeure or the disclosure of which is subject to approval by the state ownership representative body.

2. The state ownership representative body shall consider delaying information disclosure and send a written notification to the Ministry of Planning and Investment.

3. The enterprise shall announce the delay on its website and disclose information after the force majeure event has been dealt with or after the state ownership representative body offers its opinion about information restricted from disclosure.

Section 2. NATIONAL STATE-OWNED ENTERPRISE DATABASE

Article 27. Rules for development, update, management and utilization of National State-owned Enterprise Database

1. The development, update, management and utilization of National State-owned Enterprise Database shall satisfy the following requirements:

a) The contents are appropriate, accurate, timely and effective;

b) Existing data are utilized; reuse of the same sources of data is avoided;

c) Long-term use is prioritized with an aim to achieve multiple objectives.

2. The structural design of the National State-owned Enterprise Database shall comply with standards for databases, technical regulations and standards, information technology and economic – technical norms; have compatibility, ability to integrate and share information continuously and safely between state agencies and state-owned enterprises; be able to open data fields in the structure and software.

3. Information in National State-owned Enterprise Database shall be collected, updated from reports on periodic and ad-hoc information disclosures of enterprises and data on www.business.gov.vn.

Article 28. Management and utilization of National State-owned Enterprise Database

1. The following information about an enterprise may be published on www.business.gov.vn: The enterprise’s name, enterprise ID number, headquarters address, phone number, email address, website; state ownership representative body; ratio of state capital in the enterprise, the enterprise’s legal representative, business lines, periodic and ad-hoc information disclosure reports.

2. Enterprises are entitled to use information and data on National State-owned Enterprise Database using their information disclosure accounts.

3. The management and utilization of National State-owned Enterprise Database shall comply with guidance of the Ministry of Planning and Investment.

Article 29. Funding for development, update, management and utilization of National State-owned Enterprise Database

1. The funding for development, update, management and utilization of National State-owned Enterprise Database shall be provided from:

a) The state budget;

b) Aids, sponsorships and other lawful sources of funding.

2. The management and use of funding for development, update, management and utilization of National State-owned Enterprise Database shall comply with regulations of the Law on State Budget, bidding laws, regulations of sponsors and relevant laws.

Section 3. RESPONSIBILITIES OF RELAVANT ORGANIZATIONS AND HANDLING VIOLATIONS

Article 30. Responsibilities of enterprises

1. Establish regulations on information disclosure in accordance with this Decree, including authority, responsibility, tasks of relevant individuals and units.

2. Build a website within 03 months from the effective date of this Decree. The website shall display the time of upload of the information and basic information about the enterprise; periodic and ad-hoc information disclosure reports prescribed by this Decree.

3. Declare and take responsibility for the accuracy of information updated in electronic forms on www.business.gov.vn when uploading information disclosure reports.

Defense and security enterprises shall update electronic forms to www.business.gov.vn, information about finance and business performance of the preceding year before June 30 every year, including: charter capital, equity, total assets, total revenue, pre-tax and post-tax profits, taxes and other amounts paid to the State, total outward investment, financial investment, total liability, total number of employees, salary fund, average salary.

4. Comply with regulations; facility inspection and supervision by state ownership representative bodies and relevant authorities as prescribed by law.

Article 31. Responsibilities of state ownership representative bodies

1. Develop a separate column on information disclosure by enterprises on the state ownership representative body’s website; provide adequate funding form state budget or other lawful sources to upgrade, maintain, operate the state ownership representative body’s website serving information disclosure by enterprises as prescribed by this Decree.

2. Approve contents of reports prescribed in Point b Clause 1 Article 23 of this Decree before March 20 every year and upload periodic information disclosure reports to the state ownership representative body’s website.

3. Inspect and supervise information disclosure by enterprises under the state ownership representative body’s management in accordance with this Decree.

Article 32. Responsibilities of the Ministry of Planning and Investment

1. Ensure information infrastructure and necessary devices for management, maintenance, operation of www.business.gov.vn; ensure continuity, stability, safety and accessibility of information disclosed by enterprises.

2. Organize training; provide guidance on information disclosure, management and use of National State-owned Enterprise Database.

3. Supervise information disclosure by state-owned enterprises; publish the list of enterprises that fail to disclose information on www.business.gov.vn and submit reports to the Prime Minister and their state ownership representative bodies.

4. Develop, update, manage, use National State-owned Enterprise Database on www.business.gov.vn to ensure access and effective use of information serving social interests.

5. Preside over the integration, sharing, connection of National State-owned Enterprise Database with enterprise database of Ministries, ministerial agencies, governmental agencies, the People’s Committees of provinces and other organizations to facilitate the Government’s administration.

6. Periodically review and propose upgrades to information technology infrastructure of www.business.gov.vn. Prepare periodic or ad-hoc estimates of regular expenditures to ensure adequate budget for operation and upgrade of www.business.gov.vn.

Article 33. Handling violations

1. Enterprises that violate regulations on this Decree on information disclosure shall face administrative penalties for violations against regulations on planning and investment according to regulations of the Government.

2. Te state ownership representative body shall assess and rank executives, representatives of state capital in enterprises in accordance with applicable regulations on management of people holding positions and representatives of state capital in enterprises in case the commit the following violations:

a) Regulations on information disclosure of this Decree are not implemented or fully and punctually implemented;

b) Disclosed information is not truthful and accurate.

3. The state ownership representative body shall be responsible to the Government for:

a) Failure to supervise and inspect information disclosure by enterprises in accordance with this Decree;

b) Failure to publicly and punctually upload the information disclosed by enterprises under its management to its website.