Premium Essay

Law of Enterprise 2005

In:

Submitted By Toshiba3591
Words 45350
Pages 182
NATIONAL ASSEMBLY No. 60-2005-QH11

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

LAW ON ENTERPRISES
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended and supplemented by Resolution 51-2001-QH10 dated 25 December 2001 of Legislature X of the National Assembly at its 10th session. This Law provides for enterprises.

CHAPTER I General Provisions Article 1 Governing scope

This Law provides for the establishment, management organization and operation of limited liability companies, shareholding companies, partnerships and private enterprises in all economic sectors (hereinafter referred to as enterprises); provides for corporate groups. Article 2 1. 2. Applicability

Enterprises of all economic sectors. Organizations and individuals involved in the establishment, management organization and operation of the enterprises. Application of the law on Enterprises, international treaties and relevant legislation

Article 3 1.

The establishment, management organization and operation of enterprises in all economic sectors shall comply with this Law and other relevant provisions of the law. In special cases where the establishment, management organization and operation of an enterprise are regulated by another law, the provisions of such law shall apply. If an international treaty of which the Socialist Republic of Vietnam is a member contains provisions which are different from the provisions in this Law, the provisions of such international treaty shall apply. Interpretation of terms

2.

3.

Article 4

In this Law, the following terms shall be construed as follows: 1. Enterprise means an economic organization having its own name, having assets and a stable transaction office, and having business registration in accordance with law for the purpose of conducting business operations.

© Phillips Fox

Similar Documents

Premium Essay

Vietnamese Corporate Governance

...economy has made a significant shift from command-plan economy in which market mechanism are replaced by a centralized state authority into a market economy with socialist orientation through launching a political and economic reform so-called “renovation campaign” which is often understood by foreign scholars. This reform aimed to liberalize the economy as well as encourage the potential for the development of national economy such as the private economic sectors and foreign investment including foreign-owned enterprises. To boost economic development, the Enterprises Law 1999 (the National Assembly, 1999) was enacted, though it only dealt with domestic investors, being the first real step towards corporate governance and creating a legal framework for an efficient regime of corporate governance. It also can be argued that the history of corporate governance in Vietnam started with the formation of the stock market, as just one year after issuing the Enterprises Law 1999, the establishment of the stock market was marked by the official operation of Ho Chi Minh City Securities Trading Centre in 2000. However, from...

Words: 3216 - Pages: 13

Free Essay

Sarbanes Oxley Act

...Sarbanes-Oxley The Sarbanes-Oxley Act was declared a law in 2002 (Orin, 2008). The primary purpose of this new law was to convey meaning to restoring faith in corporate America’s financial endeavors (Orin, 2008). The Sarbanes-Oxley Act was meant to aid and protect investors, who suffered extreme losses because of corporations having poor financial performances, which was the case before the law was enacted (Orin, 2008). Distinctively, the Sarbanes-Oxley Act was meant to concentrate on accounting fraudulence by holding corporations accountable for disclosing accurate and reliable financial records. The Sarbanes-Oxley Act was also meant to ensure corporate executive leadership acted ethically throughout daily business (Orin, 2008). Assess the Effectiveness of SOX Legislations Key Ethical Components of the SOX To efficiently and effectively implement the Sarbanes-Oxley Act corporations need to broaden their views and focus on the greater purpose of the Sarbanes-Oxley Act. Beasley and Hermanson (2009) believe to accomplish this corporate leadership need to focus on the following: • Value the purpose of the Sarbanes-Oxley Act. • Comprehend the effect of fraudulence behavior. • Concentrate on ethical attitudes pertaining to rationalizing fraudulence behavior. • Making the Sarbanes Oxley Act the foundation to compliance to improve governance and control. • Investigate and implement enterprise risk management (para 5). Value the purpose of the...

Words: 1952 - Pages: 8

Premium Essay

Tax Competencies, Compliance Costs and Income Tax Compliance Among Sme's in Uganda

...TAX COMPETENCIES, COMPLIANCE COSTS AND INCOME TAX COMPLIANCE AMONG SMEs IN UGANDA BY ANNET NAKIWALA 2007/HD10/11264U A DISSERTATION SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENT S FOR THE AWARD OF THE DEGREE OF MASTER OF SCIENCE IN ACCOUNTING AND FINANCE OF MAKERERE UNIVERSITY September, 2010 TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE DECLARATION I, Annet Nakiwala, declare that this dissertation is my own work and that it has never been presented for a degree award at any other university. Signature: ………………………………………… Date: ……………………………………………… ii TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE APPROVAL This is to certify that this dissertation has been submitted in partial fulfillment of the requirement for the award of a Masters of Science degree in Accounting and Finance of Makerere University with my approval as University Supervisor. Joseph Ntayi (PhD) Supervisor Signature: ………………… Date: ……………………… Arthur Sserwanga Supervisor Signature: ………………… Date: …………………….. iii TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE DEDICATION I dedicate this entire effort to my late Mother Gorreth Nabagereka. We miss you dearly. iv TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE ACKNOWLEDGEMENTS Completion of this research has been a result of both direct and indirect support of many people to whom I owe acknowledgement. I owe profound gratitude to my supervisors Dr. Joseph Ntayi and...

Words: 10762 - Pages: 44

Free Essay

Lebanon

...NOTRE DAME UNIVERSITY – LOUAIZE PALMA JOURNAL  A MULTIDISCIPLINARY RESEARCH PUBLICATION    Volume 11        Issue 1       2009  Contents Editorial New century, old story! Race, religion, bureaucrats, and the Australian Lebanese story Anne Monsour The Transnational Imagination: XXth century networks and institutions of the Mashreqi migration to Mexico Camila Pastor de Maria y Campos Balad Niswen – Hukum Niswen: The Perception of Gender Inversions Between Lebanon and Australia Nelia Hyndman-Rizik Diaspora and e-Commerce: The Globalization of Lebanese Baklava Guita Hourani Lebanese-Americans’ Identity, Citizenship and Political Behavior Rita Stephan Pathways to Social Mobility Lebanese Immigrants in Detroit and Small Business Enterprise Sawsan Abdulrahim 3 7 31 73 105 139 163 Pal. Jour., 2009, 11,3:5 Copyright © 2009 by Palma Journal, All Rights Reserved Editorial Palma Journal’s special issue on migration aims at contributing to this area of study in a unique manner. By providing a forum for non-veteran scholars in the field to share their current research findings with a broader public, Palma has joined hands with the Lebanese Emigration Research Center in celebrating LERC’s sixth anniversary serving international and interdisciplinary scholarly discourse between Lebanon and the rest of the world. The migration special issue owes its inception to a conversation between Beirut und Buenos Aires, in which Eugene Sensenig-Dabbous, an AustrianAmerican...

Words: 14530 - Pages: 59

Free Essay

Corruption and China’s Economic Reform in the Early 21st Century

...Economic Reform in the Early 21st Century by Gregory C. Chow, Princeton University CEPS Working Paper No. 116 October 2005 Acknowledgement: I would like to thank Steven Kou of Columbia University and Yan Shen of Peking University for helpful comments and the Center for Economic Policy Studies at Princeton University for financial support in the preparation of this paper. Abstract Past economic reform of the state sector in China consisted mainly of privatization, of agriculture and of small and medium-size state enterprises, leaving large state enterprises in the control of the state. Current reform consists of making state-owned enterprises and banks more efficient and functioning like private enterprises, and gradual privatization of some large state enterprises. Bureaucrats managing state assets and the selling of assets take advantage of such power to benefit themselves, including embezzlement of public funds and taking bribes from citizens needing their help, as can be found in state enterprises, state-owned commercial banks and in government projects. Reducing the size of the government sector is a basic solution to the corruption problem in China while attention should be paid in the privatization process which can involve corruption. Outline 1. Introduction 2. Review of Past Reform Measures and Current Problems 3. Enterprise Reform Hindered by Bureaucratic Behavior 4. Reform of Banking and Financial System Hindered by Corruption 5. East-West Income...

Words: 8792 - Pages: 36

Premium Essay

Non Profit

...Recommendations and Guidance for VTC Enterprises David Vasquez California State University, Long Beach PPA-525 – Tuesdays Presented to: Dr. Sundstrom December 4, 2012 Final Paper Overview of the nonprofit sector The nonprofit sector is the collective name used to describe institutions and organizations in American society that are neither government nor business. (“What is the Nonprofit”, n.d.) Outside the United States, nonprofits are often called nongovernmental organizations (NGOs) or civil society organizations. (Campbell, 1987) However within nonprofit organizations there are other names which emphasize the characteristics that distinguish nonprofits. Essentially they are categorized as: voluntary sector to acknowledge the importance of volunteers and voluntary action, independent sector to distinguish nonprofits from business and government, and social sector to underscore how the activities of nonprofits enhance the social fabric of our country. (Anheier & Seibel, 1990) Nonprofit organizations, unlike businesses do not exist to make money for owners or investors; instead these groups are dedicated to a specific mission. There are currently more than 1.6 million organizations. (McSween, n.d.) About one million of them are public charities that employ over seven percent of the country's work force, close to 10 million paid workers. (“What is the Nonprofit”, n.d.) Careers in nonprofit management Nonprofit institutions play an important role in community life...

Words: 4190 - Pages: 17

Premium Essay

Marketing and Exports Co-Ordinator

...Strategic component answers the question "why do security enterprise problems exist?" This question of security leads to developing security policies that deal with people issues, and evaluates internal/external risks. Organizations are urging top executives to make information security a priority. Therefore, quality and trustworthiness of information are becoming key business issues (Ezingeard et al, 2005). To better accomplish information security in an organization, a management level infrastructure approach is needed. Just as information and data characteristics are different at the different levels of management, information security has different characteristics at the different levels of management. These levels of management are strategic, tactical, and operational. At the operations level, transaction data is produced and serves as input to create information. Maintaining and monitoring of integrity, confidentiality, and availability of the transaction data are primary objectives which are supported by organizational procedures and guidelines. At the tactical level, information is interpreted and utilized in decision making. Implementations of preventative, detective, and responsive controls are a primary objective which is supported by organizational standards. Further analysis/aggregation of the information creates knowledge to help make strategic level decisions Information security policy provides a framework to ensure that systems are developed and operated in...

Words: 1173 - Pages: 5

Premium Essay

Ellasaurus Product Enterprise

...her product will be made successful all over the world( Schneider, 2007, p-348). Most of Ellen’s illustrations are copyrighted from her books, and once her website is running and online Ellen plans on offering those copyrighted materials to her registered users on the website, with that said problems will arise when it comes to intellectual property and the operation of the website. The issues that will arise while operating the website would be copyright infringement, trademark frauds and trademark infringement (Schneider, 2007, p-348). What is copyright infringement? When some one steals an artist work or music or picture of the internet they are breaking the law of copyright. Copyright usually gives the owner of the artwork, music and picture the right to protect their work from the so called thieves. Copyright laws will protect work of authorship but the work has to meet three major rules. The work must be an original, it must be expressed on paper hence making it tangible and it must be creative (Stim, 2009, p 190). In Ellen Carson’s case the books and illustration are original and once the work is put on the...

Words: 1304 - Pages: 6

Premium Essay

Headquart In Washington, The FBI: VCF Project

...FBI Case Study 9/16/14 Saran Voleti Critical Facts: 1. The FBI is “an intelligence-driven and a threat-focused national security organization.” It has both intelligence and law enforcement responsibilities. ( http://www.fbi.gov/about-us/quick-facts) 2. The FBI’s mission is “to protect and defend the United States against terrorist and foreign intelligence threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners”.( http://www.fbi.gov/about-us/quick-facts). 3. Headquarted in Washington, the FBI has 35,344 employees. It has 56 field offices and 380 other offices in the US .It also has 60 offices in foreign...

Words: 1351 - Pages: 6

Premium Essay

Challenges of Globalisation for Smes in Tanzania

...investment and capital flows. It also includes a rapid increase in cross-border social, cultural and technological exchange as part of the phenomenon of globalization. 2 Definitions: Small and Medium Enterprises (SMEs):  There is no consensus of SME definition as various countries had different definition depending on the phase of economic development and their prevailing social conditions. In this, various indexes are used by member economies to define the term such as number of employees, invested capital, total amount of assets, sales volume (turnover) and production capability. 3 2. SMEs in Tanzania  In the context of Tanzania, micro enterprises are those engaging up to 4 people, in most cases family members or employing capital amounting up to Tshs.5.0 million. The majority of micro enterprises fall under the informal sector. Small enterprises are mostly formalized undertakings engaging between 5 and 49 employees or with capital investment from Tshs.5 million to Tshs.200 million. Medium enterprises employ between 50 and 99 people or use capital investment from Tshs.200 million to Tshs.800 million. This is illustrated in the table below: 4  SMEs in Tanzania, categories Category Micro enterprise: Small enterprise: Medium enterprise: Large enterprise: Employees 1–4 5 – 49 50 – 99 100 + Capital Investment in Machinery (Tshs.) Up to 5 mil. Above 5 mil. to 200...

Words: 1800 - Pages: 8

Premium Essay

Strategic Hr Management in China East Meets West

...2012 Liang, Marier, and Cui 55 S Y East Meets West P O S I U Strategic Human Resource Management in China: by Xiaoya Liang, Janet H. Marier, and Zhiyu Cui Executive Overview This paper outlines important ideological, institutional, and cultural contexts that shape what strategic human resource management practices are possible in Ghina. A detailed review of the main components of the high-performance work systems model suggests that when they are introduced into the Ghinese socioeconomic and political context, the cost-benefit calculus for high-performance work system human resource management practices is different from that in the U.S. context. Yet, in our review of Ghina-based strategic human resource management research we find the expected positive relationship between high-performance work systems and organizational performance in companies operating in Ghina. We conclude with a case example to illustrate how Ghinese firms might be both adopting and adapting the high-performance work system model to better fit their current cultural and economic context. T he Study of strategic human resource management (SHRM) emerged out of researchers' interests in understanding the relationship between human resource management and organizational performance (Delery & Doty, 1996; Kaufman, 2007). Since the late 1980s, most research evidence in this vein has been collected from firms located in the United States (see Combs, Liu, Hall, &. Ketchen, 2006; Huselid...

Words: 3037 - Pages: 13

Premium Essay

Corporate Compliance

...management has been identified as a way to thwart and reduce losses, as well as develop business performance. A collection of new tools have been introduced over the past few years to help measure enterprise risk. The Committee of Sponsoring Organizations of the Treadway Commission (COSO) has also played a major role in helping companies manage risk. COSO was formed in 1985 and is a U.S. private sector initiative whose major goal is to identify the different factors that lead to fraudulent activities such as fraudulent financial reporting and make recommendations to reduce the incidences. COSO established a variety of internal controls and criteria that companies and organizations can use to assess their control systems in order to manage risk. “In 2001, COSO initiated a project, and engaged PricewaterhouseCoopers, to develop a framework that would be readily usable by managements to evaluate and improve their organizations’ enterprise risk management” (COSO Executive Summary, 2004). Based on the many COSO recommendations of risk management, many companies and businesses have implemented enterprise risk management techniques within their organization. The goal of this paper is to summarize a plan to apply enterprise risk management for New Mexico Solutions. “The underlying principle of enterprise risk management is that every entity exists to provide value for its stakeholders. All entities face uncertainty and the challenge for management is to determine how much uncertainty to accept...

Words: 1169 - Pages: 5

Premium Essay

Vietnam

...Vietnam exerts a tight grip on power, ensuring a high degree of political stability. Rows over land leases are emerging as a cause of popular unrest but are unlikely to threaten the party's hold power. Economic structure risk Lacklustre growth in private consumption will depress imports in 2012, but the trade deficit will expand sharply once domestic demand recovers from 2013. Workers' remittances will continue to support the current account. Vietnam economy: The government announces pro-growth measures June 19 (Economist Intelligence Unit) -- The Vietnamese government is accelerating moves to help the economy out of its current slowdown, with a fresh focus on assisting credit-starved small and medium-sized enterprises (SMEs). Other measures to boost...

Words: 15386 - Pages: 62

Premium Essay

Corporate Social Responsibility

...[pic] Hochschule für Wirtschaft und Recht Berlin Berlin School of Economics and Law Nilay BIÇAKCIOĞLU 310978 Title of Essay: Why are ‘Corporate Social Responsibility’ strategies important for enterprises? Prof. Dr. Jose M. Magone LV 400591.01 Work, Business & Society Berlin, 2011 Abstract Nowadays, the importance of social responsibility activities is growing awareness for companies.It is directly related to your business and if you want to have long term business success, you have to create value for the society.People are aware of the social and environmental problems of society.In this technology time, it is so easy to reach the information whatever they want They always follow the daily news from the world and care about them.Due to the fact that paying for the strategies of CSR increases attention to the corporation.Companies’ understanding of social responsibility should always be the part of their investment strategy.They should regard the “Corporate Social Responsibility” as a business management philosophy not as a social activity.It definitely provides sustainability to the business.The purpose of this essay is to explain why “Corporate Social Responsibility” strategies are so important for enterprises.Firstly I will explain the theoretical information about criterias and framework of CSR and then I will support the facts by giving examples from the international companies to clarify...

Words: 3409 - Pages: 14

Free Essay

Corporate Governance in China

...centrally planned economy; practically all enterprises were government or commune owned. Today, many companies are partially or wholly privately owned, and that historic change has brought a sea change in Chinese corporate governance, with securities policies well in place and governing boards well established. The first significant changes in company ownership came in the 1980s as small state-owned enterprises and collectively owned enterprises in rural areas began issuing shares to the public. As the reforms spread to larger enterprises, the rapid increase in companyissued securities led the Chinese government to swiftly create a capital market from scratch. In 1990 it authorized the cities of Shanghai and Shenzhen to establish national stock exchanges. The stock exchanges were tiny at the start: just 14 companies were listed at the outset, and in the early years state agencies and the listing companies kept some two-thirds of the shares out of the market. Company listing and trading volume rapidly increased in 21 IntCorp ch6-2.qxd 27/01/2009 11:59 Page 168 168 ᔡ PROFILES OF LEADING COUNTRIES _______________________________ line with China’s extraordinary economic growth, however, and the government created the China Securities Regulatory Commission (CSRC) in 1993 to provide regulatory oversight of the burgeoning listings and the fast-expanding capital market. China subsequently instituted the ‘Company Law’ in 1994, which prohibited selfdealing...

Words: 3177 - Pages: 13