THE GOVERNMENT No. 49/2014/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, May 20, 2014 |
DECREE
Providing the supervision, examination and inspection of state enterprises in the observance of law and owners’ decisions [1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the November 15, 2010 Law on Inspection;
At the proposal of the Inspector General,
The Government promulgates the Decree providing the supervision, examination and inspection of state enterprises in the observance of law and owners’ decisions.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides the supervision, examination and inspection of the observance of law and owners’ decisions by state enterprises.
Article 2. Subjects of application
1. State enterprises (below referred to as grade-1 enterprises), including:
a/ Single-member limited liability companies being parent companies of economic groups; parent companies of state corporations; parent companies after the parent company-subsidiary model; and independent single-member limited liability companies established under decisions of the Prime Minister or ministries, ministerial-level agencies or government-attached agencies (below collectively referred to as line ministries), or People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level People’s Committees);
b/ Joint-stock companies and limited liability companies with two or more members in which the State holds over 50% of charter capital and line ministries or provincial-level People’s Committees are owners of invested capital.
2. Limited liability companies or joint-stock companies in which grade-1 enterprises are owners of invested capital and hold over 50% of charter capital (below collectively referred to as grade-2 enterprises).
3. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees; owners, organizations and individuals authorized by owners, decentralized or assigned to exercise the rights and perform the obligations of owners, controllers, authorized representatives for capital amounts invested in enterprises, and other agencies, organizations and individuals involved in the supervision, examination and inspection of state enterprises.