Regulations on the implementation of information disclosure on management status reportsis legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Who publishes information on reports on the current state of governance and organizational structure of state-owned enterprises every 6 months/year?Which agency is responsible for publicizing the list of businesses that do not disclose information on the Business Information Portal?
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1. Who publishes information on reports on the current state of governance and organizational structure of state-owned enterprises every 6 months/year?
Comparing with the provisions in Article 20 of Decree 47/2021/ND-CP on the principles of information disclosure of state-owned enterprises:
Accordingly, the implementation of information disclosure on reports on the status of governance and organizational structure of state-owned enterprises every 6 months/year is The legal representative of the enterprise or the person authorized to disclose implementation information.
In case of disclosing information through an authorized person, a state-owned enterprise must send a Power of Attorney to the owner’s representative agency and the Ministry of Planning and Investment; At the same time, publicize this content on the enterprise’s website.
The legal representative of the enterprise or the person authorized to disclose information is responsible for the completeness, timeliness, honesty and accuracy of the disclosed information.
Some things to note when disclosing information about reports on the current state of governance and organizational structure of state-owned enterprises every 6 months/year:
– The disclosure of information by state-owned enterprises must be complete, accurate and timely according to the provisions of law to ensure the requirements of openness and transparency regarding the enterprise’s operations;
+ Ensure efficiency and effectiveness in management and supervision activities of state and social agencies.
– Report on the status of governance and organizational structure of state-owned enterprises every 6 months/year when disclosing information is built according to the form specified in Appendix II attached to Decree 47/2021/ND-CP and converted to electronic data (file format is PDF, Word, Exel).
+ The name of the electronic document must correspond to the name of the report type stated in Appendix II attached to Decree 47/2021/ND-CP.
+ The language for information disclosure is Vietnamese.
– Report on the current state of governance and organizational structure of state-owned enterprises every 6 months/year when disclosing information via electronic network has the same legal value as a paper copy, is the basis for collating, comparing, and authenticating information to serve the collection and synthesis of information;
+ Inspection and supervision according to the provisions of law.
– Report on the status of governance and organizational structure of state-owned enterprises every 6 months/year must be maintained on the enterprise’s electronic information page, portal or electronic information page. of the owner’s representative agency and the Enterprise Information Portal for at least 05 years.
– State-owned enterprises preserve and store reported and published information according to the provisions of law.
2. Which agency is responsible for publicizing the list of businesses that do not disclose information on the Business Information Portal?
Pursuant to Article 32 of Decree 47/2021/ND-CP stipulating the responsibilities of the Ministry of Planning and Investment as follows:
Responsibilities of the Ministry of Planning and Investment
1. Ensure information infrastructure and related equipment to manage, maintain and operate the Enterprise Information Portal continuously and stably, ensuring safety and easy access to information published by enterprises.
2. Organize training and guidance on information disclosure, management and exploitation of the National Database on State-owned Enterprises.
3. Summarize the situation of information disclosure of state-owned enterprises, review and publicize the list of enterprises that do not disclose information on the Enterprise Information Portal, report to the Prime Minister and notify the owner’s representative agency so that competent authorities can handle violations according to regulations.
4. Build, update, manage and exploit the national database of state-owned enterprises on the Enterprise Information Portal, meeting the requirements for accessing and effectively using information to serve social benefits.
5. Preside over integrating, sharing and connecting the National Database of State-owned Enterprises with enterprise databases of ministries, ministerial-level agencies, Government agencies, People’s Committees of provinces and centrally-run cities and other organizations to exploit, use and serve the direction and administration of the Government.
6. Periodically review and propose plans to upgrade and develop the information technology infrastructure system of the Business Information Portal. Prepare regular, periodic or unexpected budget estimates to ensure funding for operating and upgrading the Business Information Portal.
Comparing with the above regulations, the Ministry of Planning and Investment is responsible for publicizing the list of businesses that do not disclose information on the Business Information Portal,
At the same time, the Ministry of Planning and Investment must report to the Prime Minister and notify representative agencies owners let competent authorities handle violations according to regulations.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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