Do controllers at enterprises with 100% charter capital held by the State enjoy the same welfare regimes as officers and employees of the enterprise? What are the contents of the operating regulations of Controllers at enterprises with 100% charter capital held by the State?

1. Do controllers at enterprises with 100% charter capital held by the State enjoy the same welfare regime as officers and employees of the enterprise?

The welfare regime for Controllers at enterprises with 100% charter capital held by the State is specified in Clause 3, Article 8 of Decree 47/2021/ND-CP as follows: following:

Board of Supervisors, Controllers at enterprises with 100% charter capital held by the State.

1. The owner’s representative agency establishes a specialized unit or assigns tasks to a unit or individual of the owner’s representative agency to be the focal point for monitoring, supervising, evaluating, synthesizing and handling tasks related to the operations, management, policies and regulations of the Supervisory Board and Controllers.

2. Salaries, remunerations, bonuses, working conditions, working cost norms and other operating expenses of the Supervisory Board and Controllers are decided by the owner’s representative agency, at least equal to that of a member of the Board of Members or Deputy General Director (Deputy Director) at the enterprise; is included in the business expenses of the enterprise and is made a separate item in the annual financial report of the enterprise.

3. Controllers are entitled to benefits, incentives and participate in social and union activities of the enterprise like officers, employees and workers of the enterprise.

Thus, according to the above regulations, Controllers at enterprises whose charter capital is 100% held by the State are entitled to welfare benefits, incentives and participate in social and union activities of the enterprise like officers, employees and workers of the enterprise. career.

2. Who issued the operating regulations of Controllers at enterprises with 100% charter capital held by the State?

Operating regulations of Controllers at enterprises with 100% charter capital held by the State are stipulated in Article 10 of Decree 47/2021/ND-CP as follows:

Operating regulations of Supervisory Boards and Controllers.

1. The agency representing the owner of an enterprise whose charter capital is 100% held by the State specified in Point a, Clause 1, Article 88 of the Law on Enterprises promulgates the Operating Regulations of the Supervisory Board and Controllers.

2. The Board of members of a limited liability company with two or more members is a state-owned enterprise and a subsidiary of a state-owned enterprise according to the provisions of Clause 1, Article 88 of the Law on Enterprises promulgating the Operational Regulations of the Supervisory Board and Controllers at the enterprise.

3. The Board of Members and Chairman of the Parent Company of an enterprise with 100% charter capital held by the State promulgates the Operating Regulations of the Supervisory Board and Controllers for single-member limited liability companies of which the Parent Company holds 100% of charter capital.

…

Thus, according to regulations, the operating regulations of Controllers at enterprises with 100% charter capital are held by the State. by representative agency of the enterprise’s owner promulgated.

For a limited liability company with two or more members that is a state-owned enterprise and a subsidiary of a state-owned enterprise, the operating regulations of the Controller at the enterprise shall be promulgated by The Board of Members.

The Board of Members and the President of the parent company that is an enterprise with 100% charter capital held by the State. promulgate the Operational Regulations of the Controller for single-member limited liability companies of which 100% of the charter capital is held by the Parent Company.

3. What are the operating regulations of Controllers at enterprises with 100% charter capital held by the State?

Pursuant to Clause 4, Article 10 of Decree 47/2021/ND-CP stipulating, the operating regulations of Controllers at enterprises with 100% charter capital held by the State include the following contents here:

(1) Scope and content of implementing the assigned rights, obligations and tasks of the Controller;

(2) Coordination mechanism; rights, obligations and responsibilities of enterprises and enterprise managers with respect to the activities of Controllers;

(3) Mechanism for coordination, reporting, and consultation between the owner’s representative agency and the Controller in implementing assigned rights and obligations;

(4) Coordination mechanism between the Controller and the enterprise, the enterprise manager and the direct owner representative, the representative of the state capital in the enterprise, and the representative of the enterprise’s capital in other enterprises in implementation rights, responsibilities and obligations of the Controller towards the enterprise, its subsidiaries, companies with capital contribution or affiliated companies of the enterprise.

(5) Mechanism for evaluating the implementation of rights, obligations and duties of the Controller;

(6) Salaries, remunerations, bonuses, working conditions, norms of working expenses, and operating expenses of the Controllers member;

(7) Other content as decided by the owner’s representative agency.