The duties and authorities herein pertain to the Committee acting both as an agency under the Government of Vietnam and as a representative agency of the owner's interests according to the Law on Management and Use of State Capital Invested in Production and Business at Enterprises.
Article table of contents
Implementing the Resolution of the Government of Vietnam and the directives of the Leaders of the Government of Vietnam, the Ministry of Planning and Investment presided over and cooperated with relevant agencies to draft a Decree on the functions, tasks, and organizational structure of the Committee for State Capital Management at Enterprises in accordance with the simplified procedures stipulated in Article 148 of the Law on Promulgation of Legal Documents.
The draft Decree stipulates the position, functions, tasks, powers, and organizational structure of the specialized agency representing the state capital owner at state-owned enterprises. This agency, an entity under the Government of Vietnam, is named the "Committee for State Capital Management at Enterprises."
The duties and powers of the Committee include specific tasks and powers in its relationships with other state agencies and state-owned enterprises where the Committee acts as the capital owner representative.
The draft Decree consists of 4 Chapters and 13 Articles, including Chapter I: Functions, tasks, powers, and organizational structure; Chapter II: Duties and powers regarding state enterprises and state capital at enterprises; Chapter III: Supervision and state management over the Committee; Chapter IV: Implementation provisions for transferring enterprises.
To assist the Government of Vietnam in performing the function of state capital ownership at enterprises in the context where the Law on Organization of the Government of Vietnam no longer stipulates that ministries and ministerial-level agencies have the function of representing state capital owners, it is necessary to establish a representative agency in the form of an entity under the Government of Vietnam.
The draft stipulates: the Government of Vietnam establishes the Committee for State Capital Management at Enterprises. This Committee is an entity under the Government of Vietnam with the function of representing state capital invested in enterprises by assignment of the Government of Vietnam in accordance with the Law on Management, Use of State Capital Invested in Production, Business in Enterprises, No 69/2014/QH13 and related laws.
According to the draft Decree, the Committee for State Capital Management at Enterprises has two groups of tasks and powers:
Firstly, as an entity under the Government of Vietnam, the Committee has the duties and powers according to Decree No 10/2016/ND-CP on entities under the Government of Vietnam.
Secondly, as a capital owner representative agency stipulated by Law No 69/2014/QH13, the Committee has duties and powers to assist the Government of Vietnam to exercise state capital owner representation rights stipulated in Article 40 of Law No 69/2014/QH13, assist the Prime Minister of the Government of Vietnam to exercise state capital owner representation rights stipulated in Article 41 of Law No 69/2014/QH13. It directly exercises the rights and responsibilities for state enterprises and state capital at enterprises stipulated in Articles 42 and 43 of Law No 69/2014/QH13.
Regarding the duties and powers over state enterprises and state capital at enterprises where the Committee is the capital owner representative, based on the provisions of the Law on Enterprises and Law No 69/2014/QH13, the draft stipulates the Committee's powers and duties in the following aspects: Establishment, reorganization, ownership conversion, dissolution, bankruptcy of enterprises; Charter capital, authorized capital; 5-year development investment strategy and annual business plans of enterprises; Management of personnel, labor, and salaries of enterprises; Investment, finance; Supervision and evaluation of enterprises and enterprise managers.
Regarding the specific duties and powers of the Committee on financial and asset management, according to the viewpoint of the drafting agency, the Committee is a special organization under the Government of Vietnam which is both an entity under the Government of Vietnam and a capital owner representative agency tasked with managing, investing, and operating state capital.
Therefore, to enable the Committee to perform its assigned specific tasks, the draft recommends that the Ministry of Finance issue guidance documents on the financial activities of the Committee following the principle: The state budget ensures the cost of implementing the functions and tasks of the Committee, including both development investment and recurrent expenditure.
The source of the state budget expenditure is balanced from the state budget's revenue from equitization, arrangement, divestment of state capital, dividends, post-tax profits of enterprises represented by the Committee. Alongside regulations on salaries, there is additional income tied to the efficiency of state capital management and the labor productivity of enterprises represented by the Committee...
The draft Decree also details the supervision of the Committee's activities; the duties and powers of the Committee in relation to ministries and ministerial-level agencies; the transfer of enterprises from ministries and provincial People's Committees. The draft Decree is expected to be submitted to the Government of Vietnam in the first quarter of 2018.
Source: kinhtevadubao.vn
