Legal framework for environmental public companies

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LEGAL FRAMEWORK FOR PUBLIC COMPANIES VAERSA CASE STUDY TOOLS FOR THE IMPLEMENTATION OF ENVIRONMENTAL POLICIES MOECAF-IDOM-VAERSA-SANE LAN MOE NYPYITAW- MYANMAR NOVEMBER 2013 Javier de Vicente López [email protected] Phone: +34 608 56 50 10

description

Conference on legal framework for environmental public companies. Seminar On Tools for the Implementation of Environmental Policies Alternatives for Myanmar

Transcript of Legal framework for environmental public companies

Page 1: Legal framework for environmental public companies

LEGAL FRAMEWORK FOR PUBLIC

COMPANIES - VAERSA CASE STUDY

TOOLS FOR THE IMPLEMENTATION OF ENVIRONMENTAL POLICIES MOECAF-IDOM-VAERSA-SANE LAN MOE NYPYITAW- MYANMAR NOVEMBER 2013

Javier de Vicente López [email protected] Phone: +34 608 56 50 10

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How ?

Why ?

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Why

How

Advantages

Legal framework

Award contracts

Carry out contracts

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At the most basic level a public company is a company owned by

a government

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Why

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A recipe in which the ingredients are private companies

and administrations

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# EFFICIENCY

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# CONTROL

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# PUBLIC INTEREST

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# FLEXIBILITY

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Operational # INDEPENDENCE

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Avoid # SINGLE-TILL PRINCIPLE

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The Single-Till Principle: Every income coming into the government goes directly to the Ministry.of finance, no matter what the origin or the expected destination

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Why Efficiency Control Public

Interest

Flexibility Avoidance Single Till Princpile

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How

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Many different forms of public companies. Same legal base,

different goals

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How Legal

framework

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Government is one of the shareholders

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Both, private and public laws affect the governance of limited public companies.

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In-house companies are NOTconsidered a third party independent of the government

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In-house companies can be awarded in-house providing contracts without a competitive tender

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In-house companies must fulfil a number of conditions

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#1 CONTROL

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#2 NO PRIVATE CAPITAL

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Main part of activities #3 WITH

ADMINISTRATION

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80% Of VAERSA turnover comes from regional government

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# AUDITS

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How Award

contracts

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To be awarded in-house providing contracts some conditions must be fulfilled

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#1 Cannot REJECT contract

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#2 PRICE DATABASE

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#3 CANNOT BID for public tender with th same

government

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How Carry out Contracts

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As a public company each procurement is submitted to

Public Procurement Regulations

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Procedures must ensure Transparency, Publicitiy ,Free Concurrence,

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Hiring policy based on market rules. Employees are public,employees but not civil servant

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Company as flexible and adaptable as a private firm but with administration keeping control

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E cency Control

Single Till

Principle

Operational independ

in-house companies a solution.. Your solution?

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LEGAL FRAMEWORK FOR PUBLIC

COMPANIES - VAERSA CASE STUDY

TOOLS FOR THE IMPLEMENTATION OF ENVIRONMENTAL POLICIES MOECAF-IDOM-VAERSA-SANE LAN MOE NYPYITAW- MYANMAR NOVEMBER 2013

Javier de Vicente López [email protected] Phone: +34 608 56 50 10

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Photo credits

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