Decree on State-Invested Enterprises
关于国家投资企业的法令
ດຳລັດ ວ່າດ້ວຍ ວິສາຫະກິດລັດລົງທຶນ
Summary
This decree stipulates principles, regulations, and measures for the establishment, management, business activities, and supervision of state-invested enterprises (including state-owned enterprises and mixed enterprises), specifying their organizational structure, capital increase and decrease, restructuring and liquidation, accounting, auditing, and profit distribution, as well as the management and inspection responsibilities of the Ministry of Finance and other agencies, aiming to improve their operational efficiency, competitiveness, and compliance with the law.
Articles
Article 1
Purpose. This Decree stipulates principles, regulations, and measures regarding the establishment, management, business activities, and monitoring of state-invested enterprises, in order to enable state-invested enterprises to operate efficiently and stably, enjoy equal status before the law, aim to enhance their sense of responsibility and competitiveness under the market economy mechanism, grow and strengthen in the direction of industrialization and modernization, and contribute to the country's economic and social development.
Article 2
State-Invested Enterprises. State-invested enterprises refer to business units established solely by the state, or jointly established by the state and other parties, as well as cases where the state acquires shares of enterprises from other parties.
Article 3
Interpretation of Terms. The terms used in this Decree shall have the following meanings: 1. "Share capital" means the capital of a state-invested enterprise, divided into shares of equal or unequal value according to the enterprise form, where shareholders hold the status of enterprise owners and enjoy rights and interests in proportion to their shareholding; 2. "Ordinary shares" means a type of share whose holders may not withdraw their shares; 3. "Preference shares" means a type of share whose holders may withdraw their shares and have priority over ordinary shares in dividend distribution; 4. "Joint venture partner" means a natural person or legal person from other parties, domestic or foreign, who contributes capital jointly with the state party represented by the Ministry of Finance or other authorized parties; 5. "Other party enterprise" means a non-state enterprise, including domestic and foreign enterprises; 6. "State strategic enterprise" means a large or medium-sized enterprise unit serving as a tool for ministries and agencies to manage and regulate the economy and society, as determined by each ministry or agency as its strategic unit; 7. "Industry strategic business" means a business that is important, necessary, and prioritized for serving the work of state ministries and agencies, established and held with more than fifty percent shares by them; 8. "Branch of a state enterprise" means a subordinate organization established by a state enterprise under authorization to conduct business activities; 9. "Chairperson of the Board of Directors" means a person appointed or removed by the Minister of Finance upon the proposal of the industry department to which the enterprise belongs, serving as the Chairperson of the Board of Directors to lead and guide the enterprise's business management.
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