Chương V Nghị định 69/2014/NĐ-CP: Điều khoản thi hành

Chapter V

IMPLEMENTATION PROVISIONS

Article 40. Effect

1. This Decree takes effect on September 1, 2014, and replaces the Government’s Decree No. 101/2009/ND-CP of November 5, 2009, on pilot establishment of state economic groups; the Government’s Decree No. 111/2007/ND-CP of June 26, 2007, on organization and management of state corporations and transformation of state corporations, independent state companies and parent companies being state companies after the parent company-subsidiary company model operating under the Enterprise Law.

2. For economic groups and corporations established before the effective date of this Decree:

a/ Those that meet the criteria of establishment of economic groups or corporations, except that of charter capital prescribed in Article 9 of this Decree, shall, within three (3) years after the effective date of this Decree, increase their charter capital to the level prescribed by this Decree. In case of failing to increase their charter capital, after the above time limit, they shall be promptly transformed into corporations or company groups relevant to their actual conditions;

b/ Those that fail to meet the establishment criteria prescribed in this Decree shall be transformed into corporations or company groups relevant to their actual conditions within two (2) years after the effective date of this Decree;

c/ Those that have more than three (3) levels of enterprises shall, within two (2) years after the effective date of this Decree, reorganize and arrange subsidiary companies of existing level- ill enterprises. Agencies representing the owner shall monitor and supervise the reorganization and arrangement of these economic groups and corporations.

3. Parent companies in economic groups or corporations that have a number of controllers, Members’ Council members or deputy directors general unconformable with provisions of this Decree shall increase or transfer them within one (1) year after the effective date of this Decree.

4. Economic groups and corporations not governed by this Decree may apply relevant provisions of this Decree to their organization and operations.

Article 41. Implementation responsibilities

1. The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Justice, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Home Affairs shall guide the implementation of this Decree.

The Ministry of Planning and Investment shall monitor the implementation of this Decree.

2. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall perform the state management of economic groups and corporations in the sectors prescribed by law.

3. Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees, chairpersons of Members’ Councils or Boards of Directors, and directors general of economic groups and corporations shall implement this Decree.-