Principles of Allocating Management Responsibilities for Enterprises during the Transition Process

Decree 131 stipulates that the principle of allocating management responsibility for enterprises must align with the principle of transferring the right to represent state capital ownership at enterprises in accordance with the law on management and use of state capital invested in production and business at enterprises.

The handover of files representing the owner’s rights at enterprises from ministries, ministerial-level agencies, agencies under the Government of Vietnam, and the People's Committees of provinces and centrally-administered cities (hereinafter referred to as the transferring agencies) follows the principle of intact transfer.

For plans, programs, projects, activities of enterprises, and other contents under the authority and responsibility of the agency representing the owner, decided by the transferring agencies before the effective date of this Decree, enterprises shall continue to implement according to the decisions approved by the transferring agencies.

For plans, programs, projects, activities of enterprises, and other contents under the authority and responsibility of the agency representing the owner that are in the process of being submitted for decision by the transferring agencies:

- If the lawful procedures have been conducted and the documents are complete as prescribed, the enterprises will continue reporting to the Committee for consideration and decision within their authority;- If the lawful procedures have been conducted but the documents are incomplete as prescribed, the Committee will request the enterprises and suggest the transferring agencies to supplement the documents as required;- If the lawful procedures have been conducted but are unsatisfactory, the Committee will request the enterprises to proceed with the procedures according to the legal requirements.

Particularly for plans, programs, projects, activities of enterprises assigned by the National Assembly, the Government of Vietnam, and the Prime Minister to be managed and implemented by the transferring agencies in the medium-term and annual plans:

- The transferring agencies continue to implement the current annual plan and take responsibility for the final settlement of the plans, programs, and projects up to the end of the annual plan;- The Committee will take over the plans, programs, projects, and ongoing, uncompleted activities of the enterprises to manage and organize implementation from the following year’s plan.

See details Decree 131/2018/ND-CP effective from September 29, 2018.

-Thao Uyen-

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