Guiding Instruction on Implementing the Prime Minister's Decree No. 54 on the Management System for State-Invested Enterprises
关于组织实施第54/总理令《国家投资企业管理制度》的指导指示
ຄຳສັ່ງແນະນຳ ກ່ຽວກັບການຈັດຕັ້ງປະຕິບັດດຳລັດເລກທີ 54/ນຍ ວ່າດ້ວຍລະບອບການຄຸ້ມຄອງວິສາຫະກິດທີ່ລັດມີການລົງທຶນ
Summary
Guidance Instruction No. 2796/Finance (2002) of the Ministry of Finance of Laos specifies the implementation of Decree No. 54/PM on the Management System of State Investment Enterprises, covering purposes and objectives, establishment and dissolution of state-invested enterprises, management bodies (board of directors, general manager, charter, meeting allowances and remuneration), liabilities and guarantees, obligations to the state, capital contributions and profit distribution, procurement and asset disposal, and measures for handling violations.
Articles
Article 1
Lao People's Democratic Republic. Peace Independence Democracy Unity Prosperity. Ministry of Finance No. 2796/Finance. Vientiane, …day of …month, 2002. Guidance Directive. Guidance Directive on the Organization and Implementation of the Prime Minister's Decree No. 54, the "Regulations on the Management of State Investment Enterprises." — Pursuant to the Prime Minister's Decree No. 54/PM (promulgated on May 9, 2002) on the "Regulations on the Management of State Investment Enterprises." In order to manage each state investment enterprise, enabling it to carry out activities in accordance with the duties assigned by the state, to consolidate state assets and capital, to ensure efficiency and operational status, to guarantee an important source of revenue for the state budget, and to achieve uniformity in the organization and implementation of regulations and principles for managing state investment enterprises, the Minister of Finance hereby issues the following Guidance Directive:
Article 2
Purpose and Objectives. 1. Purpose. The issuance of this directive aims to prescribe the system and principles concerning the establishment of state-invested enterprises; with the objective of realizing the policies and guidelines formulated by the Party and the State at each stage, ensuring efficiency, serving society, and becoming a significant source of revenue for the budget, as well as an important component of economic and social development. 2. Objectives. To be able to manage, monitor, and inspect the business activities of state-invested enterprises, determining their capital and quantity; to ensure that all state-invested enterprises are under the control of the Board of Directors, manage their own business operations in accordance with the law and systematically, and achieve uniformity in the reporting system.
Article 3
Establishment and Dissolution of State Investment Enterprises. 1. The establishment or dissolution of any newly established state investment enterprise, regardless of the level of management to which it belongs, shall require formal approval by the Minister of Finance (representing the Government as the capital owner of the enterprise) before it can be established or dissolved. Central ministries, equivalent agencies, and departments of provinces, capitals, and special zones, if intending to establish their own state investment enterprises, shall uniformly submit a report to the Ministry of Finance, based on economic feasibility studies, efficiency calculations, capital studies, availability of capable management personnel, and the actual budget capacity for capital contribution, in order to submit to the Government for approval. 2. The dissolution of a state investment enterprise approved by the Ministry of Finance shall be based on a written submission stating sufficient reasons, and shall be preceded by an inventory of all assets and liabilities of the enterprise and a study of the reasons for the dissolution request. 3. State investment enterprises are not permitted to allow private individuals to misuse or use the enterprise's name; it is prohibited to transfer state assets to individuals or other parties without prior consent from the Board of Directors and the Ministry of Finance; and 100% state-owned enterprises are prohibited from engaging in business unrelated to their own operations.
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