Trang chủ » Rights and Obligations of social enterprises

Rights and Obligations of social enterprises

23/06/2023 - 122

Thblaw.com.vn

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Social enterprises play a very important role in the development of society today, but many people do not know about social enterprises as well as the importance of social enterprises. 1, What are Social enterprises? Pursuant to Article 10 of the Law on Enterprises, regulations on social enterprises are as follows: Be registered in accordance […]

Social enterprises play a very important role in the development of society today, but many people do not know about social enterprises as well as the importance of social enterprises.

1, What are Social enterprises?

Pursuant to Article 10 of the Law on Enterprises, regulations on social enterprises are as follows:

  • Be registered in accordance with Law on Enterprises
  • Operate for the purposes of resolving social and environmental issues for public interests
  • Use at least 51% of the annual post-tax profit for re-investment to achieve registered targets.

Thus, a social enterprise can be understood as an enterprise registered and established under the provisions of the Law on Enterprises, operations for the purposes of resolving social and environmental issues for public interests. Use at least 51% of the annual post-tax profit for re-investment to achieve registered targets.

2, Rights and obligations of social enterprises

Pursuant to Article 10 of Law on Enterprises 2020, the rights and obligations of social enterprises are as follows:

“In addition to the rights and obligations of an enterprise prescribed in this Law, a social enterprise also has the following rights and obligations:

a) The owner or executive of a social enterprise shall be enabled to obtain relevant licenses and certificates prescribed by law

b) A social enterprise may raise and receive donations from individuals, enterprises, non-governmental organizations, and other Vietnamese and foreign organizations to cover its administrative expenses and operating costs

c) Adhere to the objectives and fulfill the conditions specified in Point B and Point C Clause 1 of this Article throughout its course of operation

d) Do not use donations for purposes other than covering administrative expenses and operating costs and resolving the social and environmental issues registered by the enterprise;

đ) When receiving donations and aid, submit annual reports on the enterprise’s operation to a competent authority”

Note: When terminating the implementation of social and environmental goals or not using profits for reinvestment, a social enterprise must notify the competent authority of the termination of implementation of social and environmental goals or not. use profits for reinvestment as prescribed at Points B and C, Clause 1 of this Article. The State has policies to encourage, support and promote the development of social enterprises.

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