The development of the plan for equitization of state-owned enterprises is the implementation of step 1 in the process of equitization of enterprises.
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Step 1: Establish the Enterprise Equitization Steering Committee and the Working Group.
1. Based on the equitization plan in the master plan to arrange enterprises with 100% state capital approved by the Prime Minister, the agency competent to decide on equitization shall decide to establish a Steering Committee. equitization of enterprises and the plan and roadmap for equitization.
Thus, the agency competent to decide on the equitization of enterprises will be the authority to decide on the establishment of the Enterprise Equitization Steering Committee as well as to develop the plan and schedule for the implementation of the equitization of enterprises. .
2. The head of the Steering Committee shall select and issue a decision to establish the equitization assisting group within 05 working days from the date of issuance of the decision to establish the equitization steering committee.
Thus, within 05 working days, the Head of the Enterprise Equitization Steering Committee will decide to establish the Equitization Working Group.
Step 2: Prepare files and documents.
The Enterprise Equitization Steering Committee directs the assisting team to coordinate with the enterprise in preparing relevant documents and records, including:
1. Legal documents on business establishment.
2. Legal documents on assets, capital sources and debts of the enterprise.
3. Financial statements and tax finalization reports of the company up to the time of enterprise valuation.
4. Prepare cost estimates for equitization according to the prescribed regime.
5. Make a plan on land use of the enterprise under management in accordance with regulations on rearrangement and handling of houses and land under the Prime Minister’s decision in each period.
6. Make a list and plan to use the employees under management.
7. Select the method and form of enterprise valuation, choose the time of enterprise valuation in accordance with the enterprise’s conditions and guiding documents related to equitization.
Thus, in the preparation work, the Working Group must help the Steering Committee to perform the above 7 tasks to prepare for the equitization of the enterprise.
Step 3: Organize inventory, handle financial issues and organize business valuation.
The assisting group and the enterprise shall coordinate with the consulting organization (if any) to conduct:
1. Inventory and classification of assets and financial and tax finalization, and coordinate with relevant agencies in handling financial issues up to the time of enterprise valuation.
2. Send the land use plan together with all relevant documents to the People’s Committee of the province or centrally run city in the area for comments on the land plots the enterprise will continue to use after the shares. and land prices as the basis for determining enterprise value.
3. Organization of enterprise valuation.
The Equitization Steering Committee selects (or bids for) a valuation organization to assign the enterprise to sign the valuation contract or assign the helping team or the enterprise to determine the value of the enterprise by itself according to regulations. In case the consulting organization has the function of valuation, it can hire a package to prepare the equitization plan, determine the value of the enterprise or the organization to sell shares.
Step 4: Decide and announce the business value.
1. The Steering Committee shall verify the results of inventory and classification of assets and the results of enterprise valuation, and report them to the agency competent to decide on the announcement of enterprise value.
2. For enterprises that are within the scope of audit as prescribed in Clause 1, Article 27 of this Decree, the Steering Committee shall submit a written request to the agency competent to decide on the enterprise value. The State Audit Office shall audit the results of valuation consultancy and handle financial issues before officially announcing the value of the equitized enterprise.
Step 5: Complete the equitization plan and submit it to the competent authorities for approval.
1. Based on the decision to announce the value of the equitized enterprise and the actual situation of the enterprise, the Steering Committee shall consider and decide to hire a consulting organization or assign the assisting group and the enterprise to develop the equitization plan. enterprise privatization. The equitization plan must include basic contents such as:
– The current situation of the company at the time of enterprise valuation.
– Results of business valuation and issues that need to be further resolved.
– Form of equitization and charter capital according to the requirements of production and business activities of the joint stock company.
– Charter capital structure, starting price and method of issuing shares according to regulations.
– Draft the charter of organization and operation of the joint-stock company in accordance with the provisions of the Enterprise Law and current legal documents.
– Labor rearrangement plan.
– Business plan for the next 3-5 years.
– The land use plan has been approved by the competent authority.
2. The Equitization Steering Committee directs the assisting team together with the enterprise to coordinate with the consulting organization (if any) in publicizing the equitization plan and sending it to each department in the company for pre-study. when holding the Congress of employees (extraordinary).
After the meeting of employees, the assisting group and the enterprise shall coordinate with the consulting organization (if any) to complete the equitization plan for submission to the competent authority for approval.
3. The Steering Committee for appraisal of the equitization plan shall report to the agency competent to approve the equitization plan for approval.
For enterprises whose actual enterprise value is lower than the payables specified in Clause 2, Article 3 of this Decree, the competent authority shall direct the Steering Committee and the enterprise to coordinate with the Debt Trading Company. Vietnam and its creditors develop a plan to restructure the enterprise. Based on the effectiveness and feasibility of the enterprise restructuring plan, the competent authority shall decide to approve the restructuring plan to transform the enterprise into a joint stock company as prescribed.
MVA GROUP includes member companies:
MVA VIETNAM JOINT STOCK COMPANY
MVA VIETNAM LAW COMPANY LIMITED
MVA VIETNAM ACCOUNTING AND AUDIT CO., LTD
MVA LAND REAL ESTATE JOINT STOCK COMPANY
Field of activity:
MVA VIETNAM LAW COMPANY LIMITED
– Consulting on Enterprise Law:
+ Establishment of a business;
+ Change business registration contents;
+ Establish locations and branches of enterprises;
+ Enterprise dissolution.
MVA VIETNAM ACCOUNTING AND AUDIT CO., LTD
– Business accounting services:
+ Tax reporting services;
+ Financial reporting services;
+ Internal financial reporting services, loans;
+ Tax settlement service.
MVA VIETNAM JOINT STOCK COMPANY
– Mergers and acquisitions of businesses:
+ Buying and selling businesses;
+ Transfer of business;
+ Merger of enterprises;
+ Equitization of enterprises.
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