Decision No. 06/2006/QD-TTg dated January 09, 2006 of the Prime Minister on forming the Parent Company – Vietnam Post and Telecommunications Group

DECISION

ON FORMING THE PARENT COMPANY – VIETNAM POST AND TELECOMMUNICATIONS GROUP

THE PRIME MINISTER

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

Pursuant to the Law on State Enterprises dated November 26, 2003;

Pursuant to the Law on Enterprises dated June 12, 1999;

Pursuant to the Ordinance on Post and Telecommunications dated May 25, 2002;

Pursuant to Decree No. 153/2004/ND-CP dated August 9, 2004 of the Government on the organization and management of the State corporations and the transformation of the State corporations and independent State companies into ones operating after the parent - subsidiary company model;

Pursuant to Decision No. 58/2005/QD-TTg dated March 23, 2005 of the Prime Minister on approving the Scheme on experimentally forming the Vietnam Post and Telecommunications Group.

At the proposal of the Minister of Post and Telematics,

DECIDES:

Article 1.

To form the parent company – Vietnam Post and Telecommunications Group (hereinafter referred to as Group):

1. The Vietnam Post and Telecommunications Group shall be a State company with its owned legal status, seal and logo, charter on organization and operation; be allowed to open its account at the State Treasury and banks in accordance with the provisions of law; carry out the accounting regime and operate according to the Law on State enterprises and have responsibility to inherit the powers, legitimate rights and obligations of the Vietnam Post and Telecommunications Corporation.

2. Name:

- The full name: Vietnam Post and Telecommunications Group.

- The international transaction name: Vietnam Post and Telecommunications Group

- The abbreviate name: VNPT.

3. The head office: in Hanoi city.

4. The Group shall be formed on the basis of re-organizing Vietnam Post and Telecommunications Corporation (Office and other assisting apparatuses), the Inter-provincial Telecommunications Company, the International Telecommunications Company and a part of the Financial Post Company. The organizational structure, functions, tasks and powers of the assisting apparatuses of the Group shall comply with the Charter on organization and operation of the Group.

5. The charter capital of the Group: shall be the capital owned by the Vietnam Post and Telecommunications Corporation at the time of January 1, 2006 deducts the capital and assets given to the Vietnam Post and Telecommunications Corporation.

6. Business lines:

- Financial investment and domestic and foreign capital trading.

- Trading in services: telecommunications line networks, domestic and foreign telecommunications–informatics technologies, communications and advertising.

- Surveying, consulting, designing, assembling and maintaining informatics technology and telecommunications works.

- Manufacturing, importing and exporting, supplying materials and informatics technology-telecommunications equipment.

- Trading in real estate and office leasing.

- Other services according to the provisions of law.

7. The operation and management organization of the Group:

- The Management Board of the Group shall be the direct representative of the State’s owner in the Group, and be composed of 9 members appointed by the Prime Minister at the proposal of the Ministry of Post and Telematics and appraised by the Minister of Home Affairs. The chairman of the Management Board, the General Director and the head of the Control Board shall be the full time members; the chairman of the Management Board of the Group cannot concurrently hold the position of the General Director.

- The members of the Control Board shall be appointed by the Management Board of the Group and shall not be over 05 persons.

- The General Director of the Group shall be appointed by the Management Board of the Group after obtaining the written approval of the Prime Minister.

- The General Director shall be assisted by the deputy general directors and the chief accountant of the Group appointed by the Management Board at the proposal of the General Director.

- The Management Board and the General Director shall also be assisted by the Office and advising apparatuses.

8. The member units of the Group shall be formed according to the provisions of law and the road map specified at Clause 3, Article 1 of Decision No. 58/2005/QD-TTg dated March 23, 2005 of the Prime Minister on approving the Scheme on experimentally forming the Vietnam Post and Telecommunications Group, including:

- The Vietnam Post and Telecommunications Corporation.

- Telecommunications Corporations I, II and III operating after the parent company-subsidiary company model, with 100% of their charter capital being held by the Group.

- Companies with 100% of their charter capital being held by the Group, including:

+ One-member limited liability Vietnam Data Communication Company.

+ One-member limited liability Software and Communication Development Company.

- Companies with over 50% of their charter capital being held by the Group, including:

+ Vietnam Mobile Services Joint- Stock Company.

+ Vietnam Telecom Services Joint- Stock Company.

+ Vietnam Financial Post Services Joint- Stock Company.

+ Vietnam Postal Equipment Joint- Stock Company.

+ Vietnam Postal Materials Joint- Stock Company.

+ Vietnam Postal Printing Joint- Stock Company.

+ Vietnam Post and Telecommunications Trading Joint- Stock Company.

+ Vietnam Telecom Construction Development Joint- Stock Company.

+ Vietnam Postal Construction Materials Joint- Stock Company.

+ Vietnam Postal Investment Consulting and Development Joint- Stock Company.

+ Vietnam Telephone Equipment Joint- Stock Company.

+ Limited liability companies with at least 02 members and other joint stock companies formed through equitization or newly set up with the capital contribution by the Group, operating in the production/business lines permitted by law.

- Companies with under 50% of their charter capital being held by the Group:

+ The Cable and Telecom Materials Joint-Stock Company.

+ The Electronics and Informatic Telecom Joint-Stock Company.

+ The Postal Informatic Telecom Joint-Stock Company.

+ The Postal Investment and Construction Joint-Stock Company.

+ The Postal Materials Joint-Stock Company.

+ Telephone Directory and Yellow Pages Joint-Stock Company 1.

+ Telephone Directory and Yellow Pages Joint-Stock Company 2.

+ The Telecom Equipment Manufacture Joint-Venture Company.

+ The Cable Joint-Venture Company.

+ The Switchboard Equipment Joint-Venture Company.

+ The Optical Cable and Accessories Manufacture Joint-Venture Company.

+ The Optical Cable Fibres Manufacture Joint-Venture Company.

+ The Telecom Systems Joint-Venture Company.

+ The Telecom Systems Limited Company.

+ The Telecom Equipment Manufacture Limited Company.

+ Limited liability companies with 02 members and joint-ventures and telecom and overseas-based informatic technology companies with their capital contributed by the Group.

- Non-business units:

+ The Post and Telecommunications Institute of Technology.

+ Postal Hospital I (located in Hanoi).

+ Postal Hospital II (located in Hochiminh city).

+ Postal Hospital III (located in Da Nang city).

+ Sanatorium and Rehabilitation Hospital I (located in Hai Phong city).

+ Sanatorium and Rehabilitation Hospital II (located in Hochiminh city).

+ Sanatorium and Rehabilitation Hospital I (located in Quang Nam province).

The transformation of above-said non-business units into units operating under the enterprise mechanism shall be decided by the Prime Minister at the proposal of the Management Board of the Vietnam Post and Telecommunications Group.

Article 2.

Organization of implementation

1. The Ministry of Post and Telematics shall submit the decision on appointment of the president and members of the Management Board of the Vietnam Post and Telecommunications Group to the Prime Minister after obtaining the approval of the Ministry of Home Affairs in the first quarter of 2006.

2. The Ministry of Finance shall approve the Financial Regulation and determine the rate of charter capital of the Vietnam Post and Telecommunications Group at the proposal of the Group’s Management Board.

3. The Management Board the Vietnam Post and Telecommunications Group shall submit the Charter on operation and organization of the Group to the Prime Minister and the Financial Regulation of the Group to the Ministry of Finance for approval.

4. The managerial and directing apparatuses of the Vietnam Post and Telecommunications Corporation shall continue to carry out the functions and powers of the managerial apparatuses of the Group till the chairman and members of the Management Board, the Control Board, the general director, the deputy general directors and the chief accountant of the Group being appointed under the provisions of law.

5. The Office and assisting apparatuses of the Vietnam Post and Telecommunications shall continue to carry out the function of assisting the Management Board and the General Director of the Group till being re-organized to comply with the Charter on organization and operation of the Group.

6. In the course of forming the complete structure of the Group, the member units having their cost-accounting dependent on the Vietnam Post and Telecommunications Corporation shall apply the cost-accounting dependent on the Group. The Group shall hold the state capital in other enterprises that are being held by the Vietnam Post and Telecommunications Corporation.

Article 3. 

This Decision takes effect 15 days after its publication in CONG BAO.

The ministers of Post and Telematics; Planning and Investment; Finance; Labor, War Invalids and Social Affairs, and Home Affairs; the heads of the concerned agencies; the Steering Committee for Enterprise Renewal and Development; and the Management Board of the Vietnam Post and Telecommunications Corporation, the Management Board of the Vietnam Post and Telecommunications Group shall have to implement this Decision.