Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with information, procedures, and responsibility for publishing information about state-owned enterprises.
Article 2. Regulated entities
1. Representative agencies of state ownership (hereinafter referred to as representative agencies).
2. State-owned enterprises.
3. Agencies, organizations, and individuals involved in publishing of information about state-owned enterprises.
4. State-owned enterprises serving national defense and security and state-owned enterprises that combine business and national defense shall publish information in accordance with regulations of the Government on organization and operation of national defense and security enterprises.
5. Enterprises engaged in finance, banking, insurance, lottery, securities shall publish their information in accordance with relevant regulations of law and this Decree.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. “State-owned enterprises” are enterprises whose 100% charter capital is held by the State (hereinafter referred to as enterprise), including:
a) Single-member limited liability companies whose 100% charter capital is held by the State being parent companies of state-owned corporations, state-owned conglomerates;
b) Independent single-member limited liability companies whose 100% charter capital is held by the State.
2. “working days” are weekdays, excluding weekends and public holidays prescribed by the Labor Code.
3. “force majeure events” are events beyond reasonable control state-owned enterprises or events or beyond the ability of state-owned enterprises to prevent or minimize damage.
Article 4. Requirements for information provision
1. Information of state-owned enterprises is published to ensure openness and transparency of their operation, efficiency and effectiveness of supervision of state-owned enterprises by regulatory agencies and society.
2. Information published must be complete, accurate, and timely as prescribed by law. Information shall be published by legal representatives of enterprises or persons authorized to publish information. Enterprises and their legal representatives or authorized persons are responsible for the completeness, timeliness, truthfulness, and accuracy of information published.
3. In case an enterprise has more than one legal representative, it shall notify the representative agency and the Ministry of Planning and Investment, post information about the legal representative who publishes information on the enterprise’s website or web portal (the form in Appendix I enclosed herewith).
4. In case the enterprise publishes its information via an authorized person, it must send a notification to representative agency and the Ministry of Planning and Investment (the form in Appendix II enclosed herewith). The person authorized to publish information must be the person who has the power to sign and append the enterprise’s seal.
5. In case information publish is inaccurate, the legal representative or the person authorized to publish information must make a rectification within 24 hours. In case of changes to published information, the enterprise must submit an explanation to the representative agency.
Article 5. Media and method of publishing information
1. Method of publishing information: paper documents and electronic data.
2. Date of submission is the day on which documents are received by competent authorities, faxing date, emailing date, the day on which information is posted on the enterprise’s website or web portal. Publishing date is the day on which information appears on the media of information publishing.
3. Information must be simultaneously published the following media:
a) For enterprises: written reports, website or web portals or web portals, publications, and other mass media as prescribed by law;
B) For representative agencies: information receipt system, website or web portals or web portals, publications, and other mass media as prescribed by law;
c) For the Ministry of Planning and Investment: information receipt system, website or web portal (www.business.gov.vn), publications, and other mass media as prescribed by law.
4. Publishing of information on other mass media shall be prescribed by representative agencies.
5. Reports and other publications of enterprises, Control Boards, controllers, representative agencies shall comply with regulations of representative agencies.
Article 6. Language of published information
Language of published information is Vietnamese. In case published information has to be translated to another language, the information must be published in both Vietnamese language and the other language.
Article 7. Suspension of information publishing
1. In case information cannot be published on schedule because of some force majeure event, the enterprise must send a report to the representative agency and publish information right after the end of the force majeure event.
2. The suspension of information publishing must be announced on the enterprise’s media of information publishing (website or web portal, publications); the enterprise must send a report on the causes of suspension to representative agency. The enterprise must send the notification of suspension of information publishing to representative agency within 05 working days from the end of the force majeure event.
3. The representative agency must verify and consider granting an approval for suspension of information publishing within 05 working days from the receipt of the notification and information the Ministry of Planning and Investment.
Article 8. Adjustment of published information
In case published information has to be adjusted, the enterprise shall update Circular on its website or web portal within 05 working days after the adjustments are approved. The enterprise shall inform representative agency and the Ministry of Planning and Investment of adjustments to published information within 05 working days after such adjustments are approved in order to publish information as prescribed in Article 10 of this Decree.
Article 9. Protection and retention of information
Published information must be retained on the enterprise’s website or web portal for at least 05 year. Enterprises publishing information must protect and retain information as reported and published as prescribed by law.
Tìm kiếm
Nghị định 81/2015/NĐ-CP (Bản Word)
Nghị định 81/2015/NĐ-CP (Bản Pdf)