Article 9. Rights and obligations of enterprises providing public products and services

An enterprise providing public products and services shall:

1. Have the rights and obligations specified in Article 7, Article 8 and relevant regulations of this Law.

2. Be reimbursed in accordance with bidding laws or collect payments as prescribed by competent authorities.

3. Have appropriate time to provide products/services to recoup investment and make reasonable profit.

4. Provide products/services with adequate quantity, good quality and on schedule at the prices imposed by competent authorities.

5. Ensure fairness and convenience for customers.

6. Take legal responsibility for the quantity, quality, supply conditions and prices for their products/services.

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Article 10. Criteria, rights and obligations of social enterprises

1. A social enterprise shall:

a) Be registered in accordance with this Law;

b) Operate for the purposes of resolving social and environmental issues for public interests;

c) Use at least 51% of the annual post-tax profit for re-investment to achieved registered targets.

2. 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;

b) 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;

dd) When receiving donations and aids, submit annual reports on the enterprise’s operation to a competent authority;

3. Inform the competent authority when an social or environmental objective is terminated or profit is not used for re-investment in accordance with Point b and Point c Clause 1 of this Article.

4. The State shall adopt policies to encourage and assist in development of social enterprises.

5. The Government shall elaborate this Article.

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