Quyết định 1746/QD-TTG

DECISION

TRANSFER OF THE RIGHT TO REPRESENT THE STATE OWNER AT THE VIETNAM POST CORPORATION FROM THE VIETNAM POST AND TELECOMMUNICATIONS GROUP TO THE MINISTRY OF INFORMATION AND COMMUNICATIONS

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on organization of Government;

Pursuant to the November 29, 2005 Law enterprises;

Pursuant to the June 17, 2010 Law on post;

Pursuant to Decision No. 674/QD-TTg dated June 01, 2007 of the Prime Minister, on approving scheme on establishment of the Vietnam Post Corporation;

At the proposal of the Minister of Information and Communications,

DECIDES:

Article 1. To transfer the right to represent the state owner at the Vietnam Post Corporation from the Vietnam Post and Telecommunications Group to the Ministry of Information and Communications. To change name of “Tong cong ty Buu chinh Viet Nam” into “Tong cong ty Buu dien Viet Nam”.

Article 2. The Vietnam Post Corporation has:

1. Management structure: President of corporation, general director, and controllers.

2. Charter capital: 8,122 billion VND.

3. Business lines:

a) Main business lines:

- To set up, manage, exploit and develop the public post network, to supply public post services under strategy, planning, plan approved by competent state agencies;   

- To supply other public services at the request of competent state agencies;

- To do business in the exclusive post services in accordance with regulations of competent state agencies;

- To do business in post services, issue of domestic and overseas newspapers;

- To participate in activities of providing international post services and other services in framework of international treaties in postal sector which Vietnam has signed or acceded as prescribed by law;

- To act as agent of telecommunication services, to resell telecommunication services;

- To advise, research, vocational train and apply advances of science and technology in the postal sector.

b) Related trades:

- To do business in the retail financial services, postal financial services on postal network, services of insurance, banking.

4. Affiliated units, subsidiary companies and associate companies at time of transfer:

a) Dependent-accounting units:

- 63 post offices at provinces and cities;

- Company of Central newspaper issuance;

- Center of training and retraining postal professional operations (new established);

- Company of axial-line transport (newly established on the basis of reorganization of the axial-line transport network and logistics services); 

- Datapost Company (newly established on the basis of reorganization of 5 Datapost Centers affiliated to 5 current Post Offices of provinces and cities);

b) Subsidiary companies:

- The One-member limited liability company of Postal Stamp;

- The One-member limited liability company for Printing Postage Stamps;

- Joint-stock Company of Post Express;

- Joint-stock Company of Post Travel;

c) Associate companies:

- The existing joint-venture companies, joint-stock companies which the Corporation hold less than 50% of charter capital;

Other member units which are established under the development strategy of the Vietnam Post Corporation and law.

Article 3. The Vietnam Post Corporation may:

1. To participate in supply of public services of state such as payment of social insurance, services of express, …to people in line with its business lines and networks aiming to promote efficiency of the public post network invested by state.

2. To participate in programs on rural information and communications of state in order to promote efficiency of the infrastructure of public post network invested by state.

3. To use policies for redundant laborers in accordance with current regulations in course of this transfer. The funding is taken from the reserve fund for job-loss allowance of the Vietnam Post and Telecommunications Group divided to the Vietnam Post Corporation and job-loss allowance source of the old Vietnam Post Corporation deducted and set up from the establishment to the present.

4. To apply Clause 8 Article 14 of Government’s Decree No. 142/2005/ND-CP dated November 14, 2005, for land leased by state and pay annual rents in serve of main production and business activities.

5. To apply Clause 7 Article 12 of Government’s Decree No. 198/2004/ND-CP dated December 03, 2004, for land assigned by State subject with collection of land levies in serve of main production and business activities.

6. Affiliated units and dependent-accounting units of the Vietnam Post Corporation have seals, accounts and are granted certificate of operation registration.

Article 4. Organization of implementation

1. The Ministry of Information and Communications:

a) To receive the right to represent the state owner stated in Article 1 of this Decision before January 01, 2013; timely solve the arising difficulties, report to the Prime Minister about problems falling beyond its competence;

b) To appoint titles of managers of the Corporation under its competence; reorganize the Corporation under Article 2 of this Decision;

c) To approve Charter of organization and operation of the Corporation;

d) To submit to the Prime Minister for approving regulations in order to ensure provision of public post services for periods after 2013;

e) To conduct final review, assessment on model of organization, structure of management and regulations of operation of the Corporation; on that basis, to propose adjustments appropriately, report to the Prime Minister for consideration and decision prior December 31, 2015.

2. The Ministry of Planning and Investment:

To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in guiding procedures for operation registration to the affiliated units and dependent-accounting units of the Vietnam Post Corporation.

3. The Ministry of Finance:

To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in guiding the exemption of rents for houses, land, and land levy applicable to The Vietnam Post Corporation.

4. The Ministry of Labor - Invalid and Social Affair:

To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in guiding application of policies to the redundant laborers in accordance with current regulations in the course of transfer, reorganization of The Vietnam Post Corporation.

5. The Members' Council of the Vietnam Post and Telecommunications Group:

a) To transfer the right to represent the owner stated in Article 1 of this Decision before January 01, 2013;

b) To finish the handing over of full charter capital to the Vietnam Post Corporation as prescribed at Clause 2 Article 2 of this Decision before December 31, 2012;

c) To finish the division and handing over of assets between the Vietnam Post and Telecommunications Group and member units of the Group with the Vietnam Post Corporation before December 31, 2012.

6. The Vietnam Post Corporation:

a) To submit to the Ministry of Information and Communications for approving the Charter of organization and operation of the Corporation;

b) To formulate and submit to the Ministry of Information and Communications and relevant agencies about plan to participate in provision of state’s public services to people, in line with business lines and network of the Corporation, programs on rural information and communications of State in order to promote efficiency of the infrastructure of post network invested by state.

Article 5. The implementation responsibilities

This Decision takes effect on the day of its signing.

Ministers of: Information and Communications, Planning and Investment, Finance, Labor – Invalids and Social Affairs, Home Affairs, heads of relevant agencies, the Steering Board of Enterprise  Innovation and Development, Members' Council of the Vietnam Post and Telecommunications Group, General Director of the Vietnam Post Corporation, President and General Director of the Vietnam Post Corporation shall implement this Decision.