What is the form for reporting on the state of management and annual organizational structure of state-owned enterprises?

In what language must the annual report on the state of governance and organizational structure of state-owned enterprises be disclosed?

Pursuant to Article 20 of the Decree 47/2021/ND-CP stipulating the principles of information disclosure of state-owned enterprises:

Accordingly, report on the current state of governance and annual organizational structure of state-owned enterprises information must be published in Vietnamese.

In particular, the information disclosure of state-owned enterprises must be complete, accurate and timely according to the provisions of law in order to:

– Ensuring public and transparent requirements on enterprise operations;

– Ensure efficiency and effectiveness in management and supervision activities of state and social agencies.

Note number 1: Annual reports on the status of governance and organizational structure of state-owned enterprises are made by the legal representative of the enterprise or the person authorized to disclose information.

In case of disclosing information through an authorized person, the 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.

Note number 2: The annual report on the governance status and organizational structure of state-owned enterprises is built according to the form specified in Appendix II attached to Decree 47/2021/ND-CP and converted to electronic data (file formats are PDF, Word, Exel).

The name of the electronic document must be set corresponding to the name of the report type stated in Appendix II attached to Decree 47/2021/ND-CP.

Note number 3: Reporting on the current state of governance and annual organizational structure of state-owned enterprises via the enterprise’s electronic network has the same legal value as a paper copy, serving as a basis for collating, comparing, and authenticating information to serve the collection and synthesis of information; inspect and supervise according to the provisions of law.

Note number 4: Annual reports on the state of governance and organizational structure of state-owned enterprises must be maintained on the enterprise’s website, portal or website of the owner’s representative agency and Enterprise Information Portal for at least 05 years.

State-owned enterprises preserve and store reported and published information according to the provisions of law.

What is the form for reporting on the state of governance and annual organizational structure of state-owned enterprises?

The form for reporting on the state of governance and annual organizational structure of state-owned enterprises is Form No. 6, Appendix II issued with the Decree 47/2021/ND-CP.

In particular, the annual report on the management status and organizational structure of state-owned enterprises includes 06 basic items as follows:

– Information about the owner’s representative agency

– Information about the business manager

– Supervisory Board and controllers

– Report on the conclusions of the inspection agency (if any)

– Information about relevant people

– Labor use situation.

When are state-owned enterprises allowed to temporarily postpone the publication of information on annual reports on governance status and organizational structure?

Pursuant to Clause 1, Article 26 of Decree 47/2021/ND-CP stipulating the temporary postponement of information disclosure of state-owned enterprises as follows: after:

Accordingly, state-owned enterprises are allowed to temporarily postpone disclosing information about the annual report on management status and organizational structure when it cannot be done on time due to force majeure or requires approval from the owner’s representative agency for content that requires limited disclosure of information.

Note number 1: Enterprises must report to the owner’s representative agency about the temporary postponement of information disclosure.

In addition, the owner’s representative agency shall consider and decide on the temporary postponement of information disclosure and notify in writing the Ministry of Planning and Investment.

Note number 2: State-owned enterprises must announce on the enterprise’s website the temporary postponement of information disclosure, and must also disclose information immediately after the force majeure event is overcome or after receiving opinions from the owner’s representative agency on contents that need to limit information disclosure.