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blue-check New regulations on establishment and conversion of wholly state-owned enterprises

Decree No. 23/2022/ND-CP dated April 5th, 2022 of the Government on prescribing establishment, reorganization, conversion of ownership, and transfer of rights to represent state capital owner in wholly state-owned enterprises
Posted: 6/4/2022 11:07:36 AM | Latest updated: 19/8/2022 11:08:19 AM (GMT+7) | LuatVietnam: 5431 | Vietlaw: 570
VietlawOnline

This Decree provides for new regulations on:

- Requirements for establishment of wholly state-owned enterprises;

- Conditions and procedures for consolidation, merger, division of state-owned enterprises;

- Conditions and procedures for selling entire wholly state-owned enterprises;

- Conditions and methods for conversion of wholly state-owned enterprises into multi-member limited liability companies;

- Conditions and methods for dissolution of wholly state-owned enterprises.

Notably, Article 23 of this Decree regulates organizations, individuals ineligible to participate in the auction to buy a wholly state-owned enterprise such as financial intermediaries, audit organizations that take charge of business valuation of the enterprise; person who is authorized by the owner’s representative agency to take charge of the sale of the enterprise; persons who do not have the right to establish and manage enterprises; foreign investors that are subject to the limit on market access, etc.

This Decree takes effect from June 1st, 2022.

To replace Decree No. 172/2013/ND-CP dated November 13th, 2013 and Decree No. 128/2014/ND-CP dated December 31st, 2014.

To abrogate Decree No. 69/2014/ND-CPstatus1 dated July 15th, 2014.

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Information

Effective Date 1-Jun-2022
ExpiredDate Unknown
Published Vietlaw's Newsletter No. 570

Files attachment

enflag pdficon ND23-05042022CP[EN].pdf

Timeline

State Capital Investment

blue-check New regulations on establishment and conversion of wholly state-owned enterprises
blue-check New regulations on advance funding and settlement of public investment projects
blue-check Forms of reports on settlement of public investment projects from January 1st, 2022
blue-check Regulation on fund managment of provincial development investment funds
blue-check Amendments to criteria for classification of enterprises and forms of reports on financial supervision of state enterprises
blue-check Special working groups shall be established to expedite disbursement of public investment capital
blue-check Classification system of industries subject to the requirement for transformation of public service delivery units into joint-stock companies
blue-check The Prime Minister establishes the special working group to enhance investment projects
blue-check Criteria for classification of state-owned enterprises in 2021 – 2025 period
blue-check Guidelines on financial disposition upon equitization of state enterprises
blue-check New regulations on management and transfer of state capital at enterprises
red-check New regulations on initial sale of shares of state enterprises
blue-check New regulations on investment in PPP projects
blue-check New procedures for appraising investment guidelines of projects of national significance
blue-check Financial management mechanisms of PPP projects
blue-check New models of reports on and procedures for settlement of public investment
blue-check The List of state-invested enterprises undergoing divestment in 2020 is still valid
blue-check Addition of bases for evaluation and rating of credit institutions with state capital
blue-check [Merged] - Law on Public Investment
red-check Amendments to regulations on equitization of state-owned enterprises and state capital investment in enterprises