Separation and split of a single-member limited liability company under decisions of the provincial People's Committee or PPCs are assigned to manage

* The order of execution

- Single-member limited liability company makes application for separation and split for evaluation of PPCs.

- After receiving application for separation and split of single-member limited liability companies, PPCs consult the Ministry of Planning and Investment, Ministry of Finance, Ministry of Labor, War Invalids, & Social Welfare, Ministry of Home Affairs, managing ministries.

- Within 10 working days from the date of receipt of the application, the relevant agencies send and comment to the content within the functions and responsibility to the provincial People's Committees.

- Within 10 working days upon receipt of the opinion of the relevant agencies, the provincial People's Committees make evaluation report; explain the opinions of the relevant authorities, complete application for separation and split of single-member limited liability companies to the Prime Minister for consideration and approval.

- In case of approval by the Prime Minister, the Chairmen of provincial People's Committees decide to separate, split single-member limited liability company within 30 working days from the date the approval.

- After the decision of separation and split, single-member limited liability companies must carry out project for separation and split.

The divided single-member limited liability companies perform business registration procedures prescribed by law.

* How to perform:

- Through the postal system;

- Directly at the offices of the State administrative agencies.

* Application components:

- A report of separation and split of single-member limited liability company.

- A project for separation and split of single-member limited liability company.

- Audited financial statements of the preceding year and quarterly financial statements closest to acquisition or merger;

- The draft charter of single-member limited liability company;

- Other documents related to the consolidation, merger.

* Number of record:  06 original sets

* Settlement deadline:

- A maximum of 20 working days (since the relevant agencies receive the application) for PPCs to implement evaluation procedure and submit to the Prime Minister for consideration and approval.

- A maximum of 30 working days (since the Prime Minister approves the Project), Chairmen of the provincial People's Committee decides to establish single-member limited liability company.

* Executing agencies: PPCs.

* Subjects of administrative procedures: Single-member limited liability company.

* Results of administrative procedures:

- Approval (or Disapproval) from the Prime Minister.

- In case of Approval, Chairmen of PPCs issues the decision on separation and split. 

* Fee: N/A

* Name of the form and declaration form:

Implemented under the provisions of Decree No. 172/2013/ND-CP, the main contents of the project must be covered including:

- Name and address of single-member limited liability company after and before separation and split;

- The need for separation and split of single-member limited liability company; conformity with industrial development and the economic-social development plan in the province and across the country;

- The charter capital of single-member limited liability company after separation and split;

- Plan for arrangement and the employment;

- Plan for dealing with financial matter, conversion, handing capital and assets and the settlement of the rights and obligations for single-member limited liability company involved in the separation and split;

- Duration of separation and split of single-member limited liability company.

In case single-member limited liability company performs separation and to establish new single-member limited liability company, the Project for separation and split must include the Project prescribed in the Project for establishment (as prescribed in procedures for establishment of single-member limited liability company).

* Requirements, conditions of procedures:  

- The separation and split of single-member limited liability company must be consistent with the Overall Project of arrangement, reform, restructuring state-owned enterprises approved by Prime Minister; in case of merger or acquisition of single-member limited liability company has not been defined in the Overall Project, the agency deciding to establish single-member limited liability company must submit to the Prime Minister for consideration and decision.

- New single-member limited liability company established after separation and split must ensure sufficient conditions as establishment of single-member limited liability company (i) Belong to legal sectors, industries (as prescribed in procedures of establishment of single-member limited liability company); (ii) Ensure sufficient charter capital  (as prescribed in procedures of establishment of single-member limited liability company); (iii) Be in line with plan, economic sectors and regions and development strategy.

- The separation and split do not reduce charter capital of single-member limited liability company.

* The legal basis of the administrative procedure:

Decree No. 172/2013/ND-CP dated in November 13, 2013 of the State on the establishment, reorganization and dissolution of a State-owned single-member limited liability company and subsidiaries of a State-owned single-member limited liability company.