(Chinhphu.vn) – the Construction Joint Stock Company No.1 has 55% of the charter capital of the Vinaconex Corporation. The Vinaconex Corporation has 60% of the charter capital of the State. The Construction Joint Stock Company No. 1 would like to ask, is the company a State-owned enterprise or a joint stock company with more than 50% State capital?

Regarding this issue, The Ministry of Planning and Investment has the following opinions:

In Clause 8, Article 4 of Enterprise Law No. 68/2014 / QH13 dated November 26, 2014, the State Enterprise is an enterprise with 100% of charter capital held by the State.

Clause 8, Article 3 of Law No. 69/2014 / QH13 dated November 26, 2014 on management and use of State capital invested in production and business in enterprises stipulates: “State capital in enterprises includes: capital from the State budget, capital received from the State budget; capital from enterprise development investment funds, enterprise reorganization assistance fund; credit capital guaranteed by the Government, credit capital for development investment of the State and other capital invested by the State in enterprises ”.

According to Clause 5, Article 4 of the Decree No. 91/2015 / ND-CP dated October 13, 2015 of the Government on investing state capital in enterprises and managing and using capital and assets at enterprises: "State capital invested in other enterprises is state capital invested in joint-stock companies and multiple-member limited liability companies invested by the owner representative agency as the owner of the contributed capital" .

Currently, Vinaconex Corporation is operating as a joint stock company, with 57.79% of charter capital held by the State. The Construction Joint Stock Company No. 1 is invested by Vinaconex Corporation and owns more than 50% of charter capital in the enterprise. Therefore, based on the above provisions, the Construction Joint Stock Company No.1 is not a State-owned enterprise under the provisions of the Enterprise Law nor a State-invested enterprise investing in an enterprise according to the of Law No. 69/2014 / QH13 and Decree No. 91/2015 / ND-CP.

However, enterprises invested or invested by the State must also comply with other applicable laws and regulations related to the management and use of State capital.

In case of any specific problems related to the management and use of State capital in enterprises in accordance with current regulations, it is recommended that the Company consult the Ministry of Finance (the agency responsible for guiding, inspect and supervise the implementation of the Decree No. 91/2015 / ND-CP) for specific instructions.