Quyết định 955/QD-TTg

DECISION

TRANSFORMING THE MOTHER COMPANY – THE VIETNAM POSTS AND TELECOMMUNICATIONS GROUP INTO A ONE-MEMBER LIMITED LIABILITY COMPANY OWNED BY THE STATE

THE PRIME MINISTER

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

Pursuant to the Law on state-owned dated November 26, 2003;

Pursuant to the Law on enterprises dated November 29, 2005;

Pursuant to the Government’s Decree No. 25/2010/ND-CP dated March 19, 2010, on transformation of state companies into one-member limited liability companies and management of state-owned one-member limited liability companies;

At the proposal of Boards of Directors of the Vietnam Posts and telecommunications Group,

DECIDES:

Article 1. To transform the mother company – the Vietnam posts and telecommunications group (hereinafter referred to as Vietnam posts and telecommunications group) into a one member limited liability company owned by the state, with the principal contents:

1. Name after transformation:

a) Full name:  Tập đoàn Bưu chính Viễn Thông Việt Nam;

b) Transaction name: Tập đoàn Bưu chính Viễn thông Việt Nam;

c) International transaction name: VIETNAM POSTS AND TELECOMMUNICATIONS GROUP;

d) Abbreviated name: VNPT.

2. Enterprise type: One-member limited Liability Company.

3. Vietnam posts and telecommunications group has legal person status under Vietnamese law from the date of issue of enterprises registration certificate; has specific seal; is entitled to open accounts at banks as prescribed by law; organize and operate in accordance with Law on enterprises, relevant legislations  and Charter of organization and operation approved by the Prime Minister.

4. Head office: No. 57 Huynh Thuc Khang, Lang Ha ward, Dong Da district, Ha Noi city.

5. Business lines:

a) Main business lines:

- Services and products of telecommunications and information technology;

-  Media services and products.

b) Business lines involving main business lines:

- Survey, advisory, design, construction, installation, maintenance for the works of telecommunication, information technology and media building;

- Production, trading in export and import, and provision of supplies, equipment of telecommunication, information technology and communications;

- Services of finance, credit and banking;

- Services of advertisement and event organization;

- Trading in real estate and leasing offices.

The business investment in lines involving main business lines must comply with current regulations.

6. Charter capital is 72,237,000,000,000 VND (seventy two thousand two hundred and thirty seven billion VND).

The determination for adjustment or supplementation of the charter capital level shall comply with law.

7. Implementation of rights and obligations of owners:

The Prime Minister and Ministries, under Government’s authorization shall execute rights and obligations of state owner in respect to the Vietnam Posts and Telecommunications Group.

8. Members of Members' Council of the Vietnam Posts and Telecommunications Group shall comply with Article 21 of the Government’s Decree No. 25/2010/ND-CP dated March 19, 2010, on transformation of state companies into one-member limited liability companies and management of state-owned one-member limited liability companies;  Chairperson and members of Board of Directors of the Vietnam Posts and Telecommunications Group shall be chairperson and members of Members' Council of the Vietnam Posts and Telecommunications Group until the Prime Minister appoints new chairperson and members of Members' Council of the  Vietnam Posts and Telecommunications Group.

9. After transforming into the one-member limited liability company, the Vietnam Posts and Telecommunications Group shall inherit all lawful rights, obligations and benefits and handle shortcomings, and the arisen problems of the Vietnam Posts and Telecommunications Group before transforming.

Article 2. Organization of implementation

1. The Ministry of Information and Communications shall:

a) Direct, inspect, urge and monitor implementation of this Decision; timely sum up, report to the Prime Minister so as to solve problems arising during implementation that fall beyond its competence;

b) Submit to the Prime Minister for appointment of controllers of the Vietnam Posts and Telecommunications Group.

2. The Ministry of Finance shall:

a) Assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and Vietnam Posts and Telecommunications Group in determining adjustment of the charter capital appropriately with current regulations.

b) Approve amendments and supplementations of the Regulations on financial management in conformity with change on organizational and operational form of the Group, at the request of the Vietnam Posts and Telecommunications Group, and opinions of the Ministry of Information and Communications.

3. Members' Council of the Vietnam Posts and Telecommunications Group;

a) Submit to the Prime Minister for approving Charter of organization and operation of the Vietnam Posts and Telecommunications Group, on the basis of opinions of the Ministry of Information and Communications;

b) Submit to the Ministry of Finance for approving amendments and supplementations of the Regulations on financial management in conformity with the organizational and operational form of the Group;

c) Determine adjustment of the charter capital level of the Vietnam Posts and Telecommunications Group in accordance with current regulations.

d) Register enterprise and re-register property ownerships for the Vietnam Posts and Telecommunications Group in accordance with current regulations;

e) Submit to the Prime Minister for acceptance to appoint Director General of the Vietnam Posts and Telecommunications Group.

4. Director General of the Vietnam Posts and Telecommunications Group before transformation shall conduct administration of activities of the Vietnam Posts and Telecommunications Group until the Members' Council of the Vietnam Posts and Telecommunications Group appoints new Director General.

Article 3. This Decision takes effect on the day of its signing.

Ministers of  Information and Communications, Labor-Invalids and Social Affairs, Planning and Investment; Internal Affairs, heads of relevant agencies, the Steering Board for renovation and development of enterprises and the Management Board of the Vietnam Posts and Telecommunications Group, Members' Council of the Vietnam Posts and Telecommunications Group shall implement this Decision.