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Decree No. 76 2015 ND-CP guiding a number of articles of the Law on Real Estate Trading tài liệu, giáo án, bài giảng , l...
Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com i DECREE 102-2010-ND-CP PROVIDING DETAILED GUIDELINES FOR IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON ENTERP RISES TABLE OF CONTENTS Article 1 Governing scope 1 Article 2 Applicable entities 1 Article 3 Applicability of the Law on Enterprises, international treaties and relevant laws 2 Article 4 Party and mass organizations within an enterprise 2 Article 5 Capital contribution using intellectual property rights 3 Article 6 Charter capital of company and number of shares which a shareholding company has the right to issue 3 Article 7 Prohibited lines of business 3 Article 8 Conditional lines of business and business conditions 4 Article 9 Lines of business which require a practising certificate 5 Article 10 Lines of business which require legal capital 6 Article 11 Right to business registration and to carry out business activities 6 Article 12 Right to establish enterprises 7 Article 13 Right to contribute capital and to purchase shareholding 7 Article 14 Prohibition on State bodies and units of the people’s armed forces using State capital and assets to contribute capital, purchase shareholding and establish enterprises in order to earn private profit 8 Article 15 Supplementary guidelines on director (general director) and members of board of management 9 Article 16 Authorization of legal representative of enterprise 10 Article 17 Establishment of branches and representative offices of enterprises with foreign owned capital 11 Article 18 Implementation of a capital contribution in, and rights and obligations related to capital contribution in a multiple member limited liability company 11 Article 19 Right of members to institute legal proceedings against chairman of members' council and director (general director) 12 Article 20 Supplementary guidelines on a number of rights and obligations of members of a limited liability company 13 Article 21 Signature of members or their representatives on minutes of meetings of members' council 13 Article 22 Number of authorized representatives who may participate in members’ council or attend general meeting of shareholders 13 Article 23 Founding shareholders 14 Article 24 Offer of shares for sale 15 Article 25 Right to institute legal proceedings against members of board of management and director (general director) 16 Article 26 Some issues relating to general meeting of shareholders 17 Article 27 Effectiveness of resolutions and decisions of the general meeting of shareholders, of the members’ council and of the board of management 17 Article 28 Disclosure of related persons and their transactions with company 17 Article 29 Method of cumulative voting 18 Article 30 Supplementary guidelines on meetings of board of management 19 Article 31 Conversion of a single member limited liability company into a multiple member limited liability company 19 Article 32 Conversion of shareholding company or multiple member limited liability company into single member limited liability company 20 Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com ii Article 33 Conversion of a limited liability company into a shareholding company 20 Article 34 Basic contents of an application Công ty Luật Minh Gia www.luatminhgia.com.vn THE GOVERNMENT Decree No 76/2015/ND-CP dated September 10, 2015 of the Government guiding a number of articles of the Law on Real Estate Trading Pursuant to the Law on Government organization dated December 25, 2001; Pursuant to the Law on real estate trading dated November 25, 2014; At the request of the Minister of Construction, The Government issues a Decree on guidelines for the Law on real estate trading Chapter I GENERAL PROVISIONS Article Scope of adjustment This Decree deals with a number of Articles and Clauses of the Law on real estate trading, including requirements applied to organizations and individuals conducting real estate trading; templates of contracts for real estate trading; transfer of contracts for lease purchase of existing houses and buildings (hereinafter referred to as existing buildings); transfer of contracts for sale or lease purchase of off-the-plan houses; and procedures for transfer of the whole or a part of a real estate project Article Subject of application Organizations or individuals conducting real estate trading in Vietnam Agencies, organizations, households or individuals involved in real estate trading in Vietnam Chapter II SPECIFIC PROVISIONS Section 1: REQUIREMENTS APPLIED TO ORGANIZATIONS OR INDIVIDUALS CONDUCTING REAL ESTATE TRADING Article Requirements applied to organizations or individuals conducting real estate trading Any organization or individual wishes to conduct real estate trading must set up an enterprise or cooperatives (hereinafter referred to as enterprises) which has an amount of legal capital of not smaller than VND 20 billion, excluding the following entities: LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn a) Any organization, household or individual who conducts small-scale or irregular transactions of real estate sale, transfer, lease, or lease purchase prescribed in Article of this Decree; b) Any organization or individual providing real estate services prescribed in Chapter IV of the Law on real estate trading Every real estate enterprise subject to legal capital prescribed in Clause of this Article shall take responsibility for the truthfulness and accuracy of their amount of legal capital Article Basis for legal capital applicable to real estate enterprises The amount of legal capital prescribed in Article of this Decree shall be determined according to the amount of charter capital of the enterprise as prescribed The enterprise is not required to register the legal capital Article Organizations, households and individuals conducting sale, transfer, lease, and lease purchase of real estate prescribed in Clause Article 10 of the Law on real estate trading Organizations, households and individuals conducting sale, transfer, lease, and lease purchase of real estate prescribed in Clause Article 10 of the Law on real estate trading are not required to set up real estate enterprise and include: Organizations, households and individuals conducting sale, transfer, lease and lease purchase of real estate without business purposes and organizations, households or individuals conducting sale, transfer, lease and lease purchase of real estate with business purposes and total investment are under 20 billion (excluding land levies) Organizations transferring land use rights or sell buildings due to bankrupt, dissolution, or division Credit institutions, branches of foreign banks, Asset Management Company (AMC), Vietnam Asset Management Company (VAMC) and other organizations or individuals transferring land use rights, real estate projects, or selling buildings subject to mortgage for debt recovery Organizations, households or individuals transferring land use rights or selling buildings according to decisions of courts or competent agencies upon their dispute, complaints, or denunciation Organizations, households and individuals building houses for sale, lease or lease purchase not subject to enterprise establishment as prescribed in law on housing LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn Agencies or organizations permitted to transfer land use rights or sell stateowned buildings by competent agencies as prescribed in law on management of public property Organizations, households and individuals selling, transferring, leasing, or leasing and purchasing their own real estate Section 2: TYPES OF TEMPLATES OF CONTRACTS FOR REAL ESTATE TRADING Article Types of templates of contracts for real estate trading Types of templates of contracts for real estate trading issued together with this Decree include: Contract for sale of existing buildings (off-the-plan buildings) using form No 01 prescribed in Appendix issued herewith Contract for lease of existing buildings (off-the-plan buildings) using form No 02 prescribed in Appendix issued herewith Contract for lease purchase of existing buildings (off-the-plan buildings) using form No 03 ...Cách Sử Dụng "a number of, the number of" A number of = “Một số những ”, đi với danh từ số nhiều, động từ chia ở số nhiều. Công thức: A number of + plural noun + plural verb Ex : A number of students are going to the class picnic . A number of applicants have already been interviewed. The number of = “Số lượng những ”, đi với danh từ số nhiều, động từ vẫn ở ngôi thứ 3 số ít. Công thức: The number of + plural noun + singular verb Ex : The number of days in a week is seven. The number of residents who have been questioned on this matter is quite small. rectangle heart triangle star square circle From user demand to manufacturer design A Review of the Literature on User Innovation SHAO Dong (B.Eng., Zhejiang University) A THESIS SUBMITTED FOR THE DEGREE OF MASTER OF ENGINEERING DIVISION OF ENGINEERING & TECHNOLOGY MANAGEMENT NATIONAL UNIVERSITY OF SINGAPORE SUPERVIED BY A/P Jeffrey Lee Funk 2011 NATIONAL UNIVERSITY OF SINGAPORE From user demand to manufacturer design A Review of the Literature on User Innovation SHAO Dong (Donald) DIVISION OF ENGINEERING & TECHNOLOGY MANAGEMENT NATIONAL UNIVERSITY OF SINGAPORE SUPERVIED BY A/P Jeffrey Lee Funk 2011 -1- Acknowledgment The completion of this thesis would not be achieved without the help from my supervisor, colleagues, friends and my family, who keep supporting me throughout the whole journey of my graduate studies. I would like to take this opportunity to express my sincere appreciation to all of them. First, I would like to thank my supervisor A/P Jeffrey Lee Funk, for his continuous guidance and encouragement, helping me not only finish this research project, but also improve my personal aptitudes in thinking, analyzing, communicating and collaborating with different people. As well, I would like to thank other professors in the Division of Engineering and Technology Management of National University of Singapore. They are Prof. Hang Chang Chieh, Prof. Liu Shang-Jyh, A/P Amit Jain, and Dr Annapoornima M. Subramanian. Prof. Hang Chang Chieh, as the head of the D-ETM, keeps helping me during graduate study. In my graduate study period, I have learnt so much from all these Professors. I am also very grateful for kindly support and help from the Division administrative staffs during my graduate studies. They are Ms Patricia Tng, Ms Mavis Chin, and Mr Teo Fang Pin. Finally, I would like to thank my colleges, friends and family for their understanding, support and encouragement especially when I confronted with difficulties and -2- depressions. Especially, my loving parents and girlfriend always help me keep optimistic and encourage me to overcome all the obstacles. Without them, the completion of this thesis would not have been possible. -3- Table of content Acknowledgment ................................................................................................................ 2 Table of content .................................................................................................................. 4 Summary ............................................................................................................................. 5 List of Tables ...................................................................................................................... 6 List of Figures ..................................................................................................................... 7 Chapter 1 Introduction ........................................................................................................ 8 1.1 Background ............................................................................................................... 8 1.2 Motivation and Objective ....................................................................................... 11 1.3 Methodology ........................................................................................................... 11 1.4 Structure of the thesis.............................................................................................. 13 Chapter 2 Focal concept and literature classification ....................................................... 15 2.1 Introduction ............................................................................................................. ... the legal capital Article Organizations, households and individuals conducting sale, transfer, lease, and lease purchase of real estate prescribed in Clause Article 10 of the Law on real estate. .. estate trading Organizations, households and individuals conducting sale, transfer, lease, and lease purchase of real estate prescribed in Clause Article 10 of the Law on real estate trading are... transferring, leasing, or leasing and purchasing their own real estate Section 2: TYPES OF TEMPLATES OF CONTRACTS FOR REAL ESTATE TRADING Article Types of templates of contracts for real estate trading