Decree No. 81/2015/ND-CP dated September 18, 2015 of the Government on disclosure of information of state enterprises

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	81/2015/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	18/09/2015	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Enterprise

SUMMARY

State enterprises must public salary and bonus regimes on website

In accordance with the Decree No. 81/2015/ND-CP dated September 18, 2015 of the Government on disclosure of information of state enterprises, an enterprise shall make a report on the result of performance of public-utility tasks and other social and post this report on its portal or website and, at the same time, send it to the agency representing the state owner and the Ministry of Planning and Investment for publicization, the agency representing the state owner shall post the enterprise’s report on the result of performance of public-utility tasks and other social responsibilities on the agency’s portal or website within five (5) working days.

Besides, an enterprise shall regularly disclose its development strategy; its five-year production and business and development investment plan; its annual production and business and development investment plan; assessment report on the result of its implementation of production and business plans for every year and the last three (3) years including the reporting year; report on the result of its performance of public-utility tasks and other social responsibilities; report on its annual reorganization and renewal; report on its actual governance and organizational structure and its financial statements for every six (6) months and every year.

In case of occurrence of any of the extraordinary information, an enterprise shall post extraordinary information on its portal or website and publications (if any) and at its head office and business locations. Extraordinary information shall be reported to the agency representing the state owner and the Ministry of Planning and Investment within 24 hours and publicized within 36 hours from the time of occurrence of the event.

This Decree takes effect on November 5, 2015 and replaces the Prime Minister’s Decision No. 36/2014/QD-TTg of June 18, 2014.

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THE GOVERNMENT

No. 81/2015/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, September 18, 2015

DECREE

On disclosure of information of state enterprises[1]

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

Pursuant to the June 17, 2003 Law on Accounting;

Pursuant to the June 17, 2003 Law on Statistics;

Pursuant to the November 26, 2014 Law on Enterprises;

Pursuant to the November 26, 2014 Law on Investment;

Pursuant to the November 26, 2014 Law on Management and Use of State Capital invested in Production and Business at Enterprises;

At the proposal of the Minister of Planning and Investment,

The Government promulgates the Decree on disclosure of information of state enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the contents, order, procedures and responsibility for disclosure of information of state enterprises.

Article 2. Subjects of application

1. Agencies representing the state owner.

2. State enterprises.

3. Agencies, organizations and individuals involved in disclosure of information of state enterprises.

4. State enterprises directly serving national defense and security and state enterprises both conducting economic activities and serving national defense and security shall disclose information under the Government’s regulations on organization of management and operation of national defense and security enterprises.

5. Finance, banking, insurance, lottery or securities enterprises shall disclose information in accordance with specialized laws and this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. State enterprise means an enterprise having 100% charter capital held by the State (below referred to as enterprises), including:

a/ Single-member limited liability companies with 100% charter capital held by the State that are parent companies of state economic groups, state corporations or parent-subsidiary conglomerates;

b/ Independent single-member limited liability companies with 100% charter capital held by the State.

2. Working day means all working days in a week under regulations on working time, excluding weekends and holidays prescribed in the Labor Law.

3. Force majeure event means a case where an enterprise is incapable of controlling the occurrence of such event, or of working out reasonable measures to prevent the occurrence of such event or to limit damage caused by such event.

Article 4. Requirements on information disclosure

1. Disclosure of information of enterprises aims to meet the requirements on publicity and transparency of the operation of enterprises and ensure effectiveness and effect in the management and supervision of enterprises by state agencies and the society.

2. Information disclosure must ensure completeness, accuracy and timeliness in accordance with law. Information shall be disclosed by at-law representatives of enterprises or authorized persons. Enterprises, first of all their at-law representatives or authorized persons, shall take responsibility for the completeness, timeliness, truthfulness and accuracy of the disclosed information.

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Decree No. 81/2015/ND-CP dated September 18, 2015 of the Government on disclosure of information of state enterprises

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