Chương 1 Nghị định 71/2013/NĐ-CP : Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree deals with the investment of state capital in enterprises and financial management of enterprises of which 100% charter capital is held by the State (hereinafter referred to as 100% state-owned enterprises).

Article 2. Subjects of application

1. This Decree is applicable to:

a) Single-member limited liability companies of which 100% charter capital is held by the State, which are established by the Prime Minister or Ministries, ministerial agencies, Governmental agencies (hereinafter referred to as managing Ministries), or People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees). Including:

- Single-member limited liability companies that are parent companies of economic corporations, parent companies of state-owned corporations; parents in the parent company-subsidiary company relationship.

- Independent single-member limited liability companies.

b) Authorized representatives of 100% state-owned enterprises and representatives of the state capital invested in other enterprises.

c) The organizations and individuals related to the investment of state capital and financial management of 100% state-owned enterprises, and the management of state capital invested in other enterprises.

2. The parent companies in Point a Clause 1 of this Article shall formulate and promulgate the regulations on financial management of subsidiary companies of which 100% of charter capital is held by the parent companies in accordance with this Decree.

3. The 100% state-owned enterprises that engage in the finance fields shall comply with separate regulations of the Government or the Prime Minister, and other regulations in this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. “Enterprises” mean single-member limited liability companies of which 100% charter capital is held by the State provided for in Point a Clause 1 Article 2 of this Decree.

2. “State capital at the enterprise” means the capital directly invested by the State budget and concentrated funds of the State when establishing the enterprises, and supplemented during the operations; the amounts payable to the budget that are retained; Development investment funds of enterprises; Enterprise arrangement funds; state capital sent from other places; value of the right to use land and national resources delegated by the State, and other assets delegated to enterprises in accordance with law.

3. “Equity of the enterprise” means the capital generated from the sources in Clause 2 of this Article, undistributed profit and exchange differences recorded in financial statements of the enterprise in accordance with law.

4. “State capital invested in other enterprises” means the state capital contributed to joint-stock companies, multi-member limited liability companies under the ownership of managing Ministries and provincial People’s Committees.

5. “Corporate capital” is the equity of the enterprise and capital raised by the enterprise.

6. “Corporate capital invested in other enterprises” is the capital of the enterprise which is invested in subsidiary companies and associate companies.

7. “Authorized representative of the state capital invested in other enterprises” means the individual authorized in writing by the owner to exercise the rights and perform the duties of the owner at other enterprises.

8. “Authorized representative of the corporate capital invested in other enterprises” means the individual authorized in writing by the enterprise to exercise the rights and perform the duties of the enterprise at other enterprises.

The authorized representatives mentioned in Clause 7 and Clause 8 of this Article shall be referred to as representatives.

9. “Managers” mean the President and members of the Member assembly or the Company President, the Controller, the General Director or Director, the Deputy General Director or Deputy Director, and the Chief accountant (except for the General Director or Director, Deputy General Director or Deputy Director, and Chief accountant working under labor contracts).