| THE MINISTRY OF PLANNING AND INVESTMENT THE MINISTRY OF FINANCE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
| No: 08/2003/TTLT-BKH-BTC | Hanoi, December 29, 2003 |
JOINT CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE GOVERNMENT'S DECREE No. 38/2003/ND-CP OF APRIL 15, 2003 ON TRANSFORMING A NUMBER OF FOREIGN-INVESTED ENTERPRISES TO OPERATE IN THE FORM OF JOINT-STOCK COMPANY
Pursuant to the Government' Decree No. 38/2003/ND-CP of April 15, 2003 on transforming a number of foreign-invested enterprises to operate in the form of joint-stock company;
Pursuant to the Government's Decree No. 61/2003/ND-CP of June 6, 2003 prescribing the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
Pursuant to the Government's Decree No. 77/2003/ND-CP of July 1, 2003 prescribing the functions, tasks, powers and organizational structure of the Ministry of Finance;
The Ministry of Planning and Investment and the Ministry of Finance hereby jointly guide a number of provisions of the Government's Decree No. 38/2003/ND-CP of April 15, 2003 on transforming a number of foreign-invested enterprises to operate in the form of joint-stock company as follows:
Article 1.- Application subjects
Foreign-invested enterprises (hereinafter referred collectively to as enterprises) which meet the conditions prescribed in Article 7 of the Government's Decree No. 38/2003/ND-CP of April 15, 2003 on transforming a number of foreign-invested enterprises to operate in the form of joint-stock company (hereinafter called the Government's Decree No. 38/2003/ND-CP for short) shall be considered for transformation into joint-stock companies; particularly, the following enterprises shall not be considered for transformation yet:
a/ Enterprises where foreign parties or the parties to joint ventures (for joint-venture enterprises) or foreign investors (for enterprises with 100% foreign capital) have pledged to transfer their properties without indemnities to the Vietnamese State and Vietnamese parties.
