Decree 115/2014/nd-Cp: Regulatory Supervision Mode, Check The Implementation Of The Strategy, Plans, Goals, Tasks Of The State Enterprises

Original Language Title: Nghị định 115/2014/NĐ-CP: Quy định chế độ giám sát, kiểm tra việc thực hiện chiến lược, kế hoạch, mục tiêu, nhiệm vụ được giao của doanh nghiệp nhà nước

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The DECREE regulates the monitoring mode, check the implementation of the strategy, plans, goals, tasks of State enterprises _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of business on November 29, 2005;
According to the recommendation of the Minister of planning and investment, the Government issued the decree regulating the monitoring mode, check the implementation of the strategy, plans, goals, tasks of State enterprises.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulates the monitoring mode, check the implementation of the strategy, plans, goals, mission and business lines delivered by State enterprises.
Strategy, plans, goals, mission and business lines of the State enterprises are due to the approval authority as prescribed in the article 8, article 9, article 22 and Article 23 of Decree 99/2012/ND-CP on November 15, 2012 of the Government about the assignment, the decentralized implementation of the right to , the responsibility, the duty of the owners of State for State enterprises and state capital invested in the business.
Article 2. The object of the application object to apply the Decree include: 1. Business that the State holds 100% of the Charter capital and authorized representatives in the business.
2. the authorized representative for the State capital investments in businesses that the State holds over 50% of the Charter capital.
3. the authorized representative for the capital of the parent company of State economic group, the parent company of the State Corporation, the parent company of model parent company-subsidiary to invest in businesses in which the parent company holds over 50% of the Charter capital.
4. The ministries, ministerial agencies, government agencies (hereinafter referred to as the logical sectors), the people's committees of provinces and cities under central (hereinafter referred to as the provincial people's Committee), organizations and individuals related to monitoring, inspecting the implementation of the strategy , plans, targets, tasks of State enterprises.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "the strategy of the enterprise" is understood as the production development strategy, business development, investment made in the 10-year period have been approved by the authority.
2. "plan of business" is understood as the production planning, business plan development, 5 years and every year are approved by the authority.
3. "monitoring the implementation of the strategy, the planned" activity is monitored regularly, checking periodically as planned or unscheduled strategy and implementation plan of the enterprise.
4. The parent company is the parent company of the State's economy; the parent company of the State Corporation; the parent company of model parent company-subsidiary which the State holds 100% of the capital.
Chapter II PROVISIONS on MONITORING MODE to CHECK the IMPLEMENTATION of the STRATEGY, plans, goals, TASKS of the BUSINESS that the STATE HOLDS 100% of the CHARTER CAPITAL 1. REGULATION on the MONITORING MODE the IMPLEMENTATION strategy, plans, goals, TASKS of the BUSINESS that the STATE HOLDS 100% of the CHARTER CAPITAL article 4. Rights, responsibility of The management of the industry, provincial people Committee 1. Regular monitoring of the implementation of the strategy, the plan; reviews of the implementation of the goals, tasks of the business that the State holds 100% of the Charter capital of the Ministry, the provincial people's Committee.
2. On the basis of the provisions of article 7 of this Decree, the Ministry of industry managers, the provincial people's Committee detailed tutorial content monitoring of the implementation of the strategy, plans, goals, tasks of the business that the State holds 100% of the Charter capital of the Ministry, the provincial people's Committee.
3. report the implementation strategy of the enterprises in which the State holds 100% of the capital.
a) Before 15 June of the third year 6 strategic implementation, assessment report implementation of mid-term strategy of enterprises under the Ministry, the provincial people's Committee.
b) within 90 days from the end of the 10-year strategy, the report reviews the implementation of strategies of enterprises under the Ministry, the provincial people's Committee.
4. report the implementation of the plan of 5 years of the business that the State holds 100% of the capital.
a) before 15 March of the year of 5 years plan, mid-term assessment report implementation of the plan of 5 years was delivered by the Business Department, the provincial people's Committee.
b) within 90 days from the end of the 5 year plan, send the report reviews the implementation of the plan of 5 years was delivered by the Business Department, the provincial people's Committee.
5. Before 15 June each year, submit a report evaluating the implementation of the plan, goals, mission and business lines delivered in previous years of the business that the State holds 100% of the Charter capital of the Ministry, the provincial people's Committee.
6. report submitted on time, the content of the provisions outlined in paragraph 3, clause 4 and Clause 5 of this to the Ministry of planning and investment to aggregate.
7. The Ministry of defence, the Ministry of public security: report submitted to the Ministry of planning and investment, Ministry of finance under the mode of "Suite".
Article 5. The responsibility of the Ministry of planning and investment to 1. Report the implementation of strategies of enterprises in which the State holds 100% of the capital.
a) Before 15 July of the year 6 done strategically, the Government reports the implementation between States of strategic enterprises within the country.
b) within 120 days of the end of the 10-year strategy, a Government report on the implementation of the strategy of the enterprises in the country.
2. report the implementation of the plan of 5 years of the business that the State holds 100% of the capital.
a) before July 15, year 3 of 5-year plan, the Government reports the implementation between States 5 years plan of enterprises within the country.
b) within 120 days of the end of the 5 year plan, the Government reports the implementation of the plan of 5 years of business in the country.
3. Before 31 July each year, the Government reports the implementation plans, goals, mission, business lines are delivered in previous years of the business that the State holds 100% of the capital stock in the country.
Article 6. Rights, responsibilities of Council members, the President of the company 1. Regular monitoring of the implementation of the strategy, the plan; reviews of the implementation of the goals, tasks of the subsidiary by the parent company owns 100% of the capital.
2. report the implementation strategy.
a) Before 15 May of the first year 6 done strategy, mid-term assessment report implementation of the strategy of the business.
b) within 60 days of the end of the 10-year strategy, the report reviews the implementation of the strategy of the business.
3. the implementation report plan of 5 years.
a) Before July 15, year 3 of 5 year plan, mid-term assessment report implementation of the plan of 5 years of business.
b) within 60 days of the end of the plan period of 5 years, the report reviews the implementation of the plan of 5 years of business.
4. report the implementation of the plan annually.
a) Before 15 July each year, the report estimated the first 6 months and all five of the goals, the tasks in the plan of the enterprise.
b) before June 15 in January every year, the report estimated the goals, the tasks in the plan was delivered five years ago; next year the plan report of the business.
c) Before 15 may each year, to send the report the implementation of the plan, goals, mission and business lines were delivered in front of the business.
5. The report submitted on time, the content of the provisions outlined in paragraph 2, paragraph 3 and paragraph 4 of this Article to The management of the industry, the provincial people's Committee to sum.
6. In the case of State management bodies required to report irregular then Board Member, President of the company is responsible for preparing the report the right content and ensure the request time.
Article 7. Content of the report the implementation of strategies, plans, goals, mission and business lines of business that the State holds 100% of the Charter capital 1. Report the implementation strategy includes the main content as follows: a) reviews the implementation of the goals, mission and business lines delivered in strategy.
b) progress and the level of implementation of the solutions outlined in the strategy includes measures to implement the strategy.
c) reviews the constraints, violations, the cause of the failure to perform or make not good strategy.
d) responsibility of the objects stated in article 2 of this Decree in the implementation strategy.
DD) build the next solution to fulfill the goals of the strategy.
2. report the implementation plans to have the main content as follows: a) the implementation of the main objectives of the plan: revenue; the profit; the budget submission; output of main products (applicable to producers).
b) implementation of the tasks: the task of production, business, public utility.
c) implementation of the business lines.
d) the progress of implementing the investment project development in the plan of 5 years and every year.
DD) implementation of the solutions proposed in the plan.
e) limited, the cause of the failure to perform or not perform well.
g) The next solution to fulfill the objectives of the plan or suggest additions, adjustments to the plan each year, compared to the 5-year plan was approved (if necessary).
Section 2 PROVISIONS on the MODE to CHECK the IMPLEMENTATION of the STRATEGY, plans, goals, TASKS of the BUSINESS that the STATE HOLDS 100% of the CHARTER CAPITAL article 8. The authority to check the implementation of the strategy, plans, goals, tasks of the business

1. The management of the industry, the provincial people's Committee has the responsibility to host, in cooperation with the Ministry of planning and investment and the ministries concerned to check the implementation of strategies and plans; reviews of the implementation of the goals, the tasks of the Business Department, the provincial people's Committee.
2. Board Member, President of the company's business that the State holds 100% of the Charter capital is responsible to check regularly the implementation of strategies and plans; reviews of the implementation of the goals, tasks of the subsidiary by the parent company owns 100% of the capital.
Article 9. Content check the implementation of the strategy, plans, goals, tasks of business 1. The implementation of the goals and tasks; business lines in strategy and planning.
2. The progress of implementation of the investment project development in the plan of 5 years and every year.
3. Progress and the level of implementation of the solutions outlined in the strategic plan, including the organizational measures to implement the strategy, the plan.
4. Violations, shortcomings in the implementation of the strategy and plan.
5. The results of the strategy and plan; the restrictions, the cause of the failure to perform or not perform well the goals, the tasks assigned to it.
6. The responsibilities of the Agency, organization, authority in the implementation of strategies and plans (including the Agency's responsibility to implement the strategy, the plan and the responsibility of the relevant authorities).
7. Evaluate the fit of the strategy, the plan compared to the strategy, industry development plan at the time of check out.
Article 10. Check through the report 1. Check through the report be conducted periodically or irregularly at the request of the competent authority to check.
2. Content of the report and the time limit for sending the report to ensure the right of the competent authorities to check.
3. The Agency was tasked to examine the review report, information processing, information and evaluation requirements has concluded inspection.
4. Time for preparing business reports at least 10 working days from the date of receiving the request of the competent authority to check.
In special circumstances, the time for the business are examined the report prepared by the competent authorities examine the decision.
Article 11. Check through the work with the business to be examined 1. Recurring annually at least 1 times, industry Manager, provincial people's Committee chaired, in coordination with the ministries concerned organized a number of checks on the implementation of the strategy, plans, goals, mission and business lines. The competent authority checks the invite business representatives checked work at their institutions or representatives of his agency to work in the business are examined.
2. the selection criteria for conducting the business check: a) businesses of an special financial monitoring are defined in article 10 of the financial supervision and regulation reviews the performance and financial information for business owners by the State and State enterprises (attached to Decree No. 61/2013/ND-CP on May 25th 6 2013 by Government).
b) businesses have an important role in regulating the market, ensure social welfare, great contribution to the State budget revenues.
c) enterprise does not perform adequate surveillance report mode implementation strategy, plans, goals, mission and business lines, or the report is not complete, not exactly the prescribed content.
Article 12. Holds inspection 1. Union check: a) check through Union check be recorded in the inspection plans of the authorities competent to examine, except where unscheduled inspections. The test group was established on the basis of the decision of the Agency was tasked to check, and send the decision and check for content objects are checked at least 10 working days before the date of the check.
b) test cases, test group is responsible for announcing the time, check for content objects are checked at the latest on the working day before the 3rd is checked.
2. the activities of the delegation test: a test Group) operates under a plan approved by the authority.
b) test Group has the right to work directly with the objects to be checked; the request object is checked the report and provide information, the document serves for checking.
c) operating time of inspection by the Union decision established the test group decisions, ensure conformity with the provisions of the law on the Ombudsman, check.
3. During the test, the head of the delegation test conducted to validate the record-setting gathering, providing information, documents relating to the content of the test. The minutes must contain the following content: a Day, month, year) founded thereon;
b) name, title of the head of the delegation test;
c) full name, position of business representative to be checked;
d) information, documentation was collected, provided;
Union Chief's confirmation) test and the business Rep checked.
Article 13. Report test results 1. Shortly after the end of the test, the test group is reporting on the test results. Time reporting test results to a maximum of 10 working days.
2. the content of the report include the following issues: a) inspect base;
b) time, location check;
c) component unions join check;
d) content check;
DD) results achieved and violations, shortcomings in the implementation of the strategy, plans, goals and tasks;
e) opinions of participating agencies and examination of proposals by the Agency chairing of the handling test results;
g) recommendations of the business be checked about the amendments and supplements to the strategy, the plan does not fit;
h) disposal conclusion by the authority or proposed, authorized recommendations in the processing, to fix the wrong, weak in implementation, as well as the recommendations to amend, supplement or annul part or the whole of the strategy, the plan does not fit.
3. The draft report the inspection results must be submitted opinions of the agencies involved to check, before the authority decision.
4. report the test results to be sent to the Ministry of planning and investment to the Government report, synthesis of the implementation of the strategy, plans, goals and tasks of the business that the State holds 100% of the capital.
5. where the Board member or President of the company (in business that the State holds 100% of the Charter capital) to check the implementation of the strategy, the plan of the subsidiary by the parent company owns 100% of the capital: report the test results to be sent to the Ministry of industry management The provincial people's committees, to aggregate.
Chapter III RULES on MONITORING MODE, CHECK the IMPLEMENTATION of the STRATEGY, plans, goals, TASKS of the BUSINESS which the STATE HOLDING over 50% category 1 REGULATION on the MONITORING MODE the IMPLEMENTATION strategy, plans, goals, TASKS of the BUSINESS that the STATE HOLDS over 50% of the CHARTER CAPITAL article 14. Rights, responsibility of The management of the industry, the provincial people's Committee, Board member or President of the company's business that the State holds 100% of the Charter capital 1. Industry Manager, provincial people's Committee has the right to request the representative to report to monitor the implementation of strategies and plans; reviews of the implementation of the goals, tasks of the business that the State holds over 50% of the Charter capital.
2. On the basis of the provisions of article 7 of this Decree, the Ministry of industry managers, the provincial people's Committee detailed tutorial content monitoring of the implementation of the strategy, plans, goals, tasks of the business that the State holds over 50% of the Charter capital of the Ministry, the provincial people's Committee.
3. The report reviews the implementation of the strategy of the enterprises in which the State holds over 50% of the Charter capital of the Ministry, the provincial people's Committee.
a) Before 15 June of the third year 6 strategic implementation, assessment report implementation of mid-term strategy of the business.
b) within 90 days from the end of the 10-year strategy, the report reviews the implementation of the strategy of the business.
4. The report reviews the implementation of the plan of 5 years of the business that the State holds over 50% of the Charter capital of the Ministry, the provincial people's Committee.
a) before 15 March of the year of 5 years plan, mid-term assessment report implementation plans 05 harm of enterprises.
b) within 90 days from the end of the 5 year plan, send the report reviews the implementation of the plan of 5 years of business.
5. Before 15 June each year, submit a report evaluating the implementation of the plan, goals, mission and business lines in front of the business that the State holds over 50% of the Charter capital of the Ministry, the provincial people's Committee.
6. The management of the industry, the provincial people's Committee submitted reports by time, content rules are outlined in paragraph 3, clause 4 and Clause 5 of this to the Ministry of planning and investment to aggregate.
7. The Ministry of defence, the Ministry of public security: the report to the Ministry of planning and investment, Ministry of finance under the mode of "Suite".
8. Board Member, Chairman of the company, the parent company has the right to ask the representative reports to monitor regularly the implementation of strategies and plans; reviews of the implementation of the goals, mission and business lines of the subsidiary by the parent company holds over 50% of the Charter capital.
Article 15. Rights, the responsibility of the Ministry of planning and investment to 1. Report the implementation of the strategy of the business that the State holds over 50% of the Charter capital.
a) Before 15 July of the year 6 strategic implementation, Government report implementation of mid-term strategy of the enterprises in the country.
b) within 120 days of the end of the 10-year strategy, a Government report on the implementation of the strategy of the enterprises in the country.
2. report the implementation of the plan of 5 years of business that the State holds over 50% of the Charter capital.

a) before July 15, year 3 of 5-year plan, the Government reports the implementation between States plan 5 years of business in the country.
b) within 120 days of the end of the 5 year plan, the Government reports the implementation of the plan of 5 years of business in the country.
3. Before 31 July each year, the Government reports the implementation plans, goals, mission and business lines in front of the business that the State holds over 50% of the capital stock in the country.
Article 16. The rights and responsibilities of representative representative is authorized to make the right owner's responsibility, the State has the following responsibilities: 1. regular monitoring of the implementation of the strategy, the plan; reviews of the implementation of the goals, mission and business lines of the subsidiary by the parent company owns over 50% of the Charter capital.
2. report the implementation of the strategy of the business.
a) Before 15 May of the first year 6 strategic implementation, the report reviews the implementation of the strategy of the business.
b) within 60 days of the end of the 10-year strategy, the report reviews the implementation of the strategy of the business.
3. the implementation report plan of 5 years of business.
a) Before July 15, year 3 of 5 year plan, mid-term assessment report implementation of the business plan.
b) within 60 days of the end of the plan period of 5 years, the report reviews the implementation of the business plan.
4. report the implementation of the annual business plan.
a) Before July 15, the annual implementation report, the first 6 months and ten years of planning, the goals, the tasks of the business.
b) before June 15 in January every year, the report estimated plans, objectives and tasks of the previous year; next year the plan report of the business.
c) Before 15 may each year, submit a report, plan, goal, Mission in the previous years of the business.
5. In the case of State management bodies required to report irregular then the representative is responsible for preparing the report the right content and ensure timelines as required.
6. submit reports on time, the content of the provisions outlined in paragraph 2, paragraph 3 and paragraph 4 of this Article to The management of the industry, the provincial people's Committee or Board member of the parent company to the sum.
Section 2 PROVISIONS on the MODE to CHECK the IMPLEMENTATION of the STRATEGY, plans, goals, TASKS of the BUSINESS that the STATE HOLDS over 50% of the CHARTER CAPITAL article 17. The authority to check the implementation of the strategy, plans, goals, tasks of business 1. Industry Manager, provincial people's Committee has the responsibility to host, in cooperation with the Ministry of planning and investment and the ministries concerned requested the representative to report to examine the implementation of strategies, plans, reviews the implementation of the goals, the tasks of the business that the State holds over 50% of the Charter capital of the Ministry The provincial people's Committee.
2. Board Member, President of the company (in business that the State holds 100% of the Charter capital) asked the representative to report to examine the implementation of strategies, plans, reviews the implementation of the goals, the tasks of the subsidiary by the parent company owns over 50% of the Charter capital.
Article 18. The content and the way organisations to check the implementation of the strategy, plans, goals, tasks of the business content and how the Union Organization to check the implementation of the strategy, plans, goals, tasks of the business be applied similar to the provisions of article 9 and article 12 of this Decree.
Article 19. Check through the report 1. Check through the report be conducted periodically or irregularly at the request of the competent authority to check.
2. Content of the report and the time limit for sending the report to ensure the right of the competent authorities to check.
3. The Agency was tasked to examine the review report, information processing, information and evaluation requirements has concluded inspection.
4. Time for delegates to prepare reports at least 10 working days from the date of receiving the request of the competent authority to check. In special circumstances, the time of preparation of the report by the Agency have jurisdiction to examine the decision.
5. In the case of representatives of non-reporting, incomplete reports on-demand content, dishonest reporting results the implementation of the strategy, plans, goals, mission and business lines of the business, the Group examined the request directly the representative additional justification.
Article 20. Report test results 1. Shortly after the end of the test, the test must set up reporting on the test results. Time reporting test results to a maximum of 15 working days.
2. the content of the report include the following issues: a) inspect base;
b) time, location check;
c) component unions join check;
d) content check;
DD) results achieved and violations, shortcomings in the implementation of the strategy, plans, goals, tasks;
e) opinions of participating agencies and examination of proposals by the Agency chairing of the handling test results;
g) recommendations of the representative was checking on the amendments and supplements to the strategy, the plan does not fit;
h) disposal conclusion by the authority or proposed, authorized recommendations in the processing, to fix the wrong, weak in implementation, as well as the recommendations to amend, supplement or annul part or the whole of the strategy, the plan does not fit.
3. The draft report the inspection results must be submitted opinions of the agencies involved to check, before the authority decision.
4. The case industry Manager, provincial people's Committee to directly check the Organization shall report the test results to be sent to the Ministry of planning and investment to sum up, the Government reports.
5. where the Board member or President of the company (in business that the State holds 100% of the Charter capital) to check the implementation of the strategy, plans, goals and tasks of the subsidiary by the parent company owns over 50% of the capital: report the test results to be sent to the Ministry of industry management The provincial people's committees, to aggregate.
Chapter IV IMPLEMENTATION article 21. About performs monitoring report mode 1. Industry Manager, provincial people's Committee has the responsibility of monitoring the implementation of the reporting enterprise under the Ministry, the provincial people's Committee.
2. Ministry of planning and investment has responsibility for overseeing the implementation of the reporting sector Manager, the provincial people's Committee.
Article 22. Responsible for monitoring report, examine the implementation of the strategy, plans, goals, tasks of State enterprises 1. Each year, The management of the industry and the provincial people's Committee based on the results of the strategy, plans, goals and tasks of subordinate enterprises to conduct announced the results.
For businesses that directly serve the Defense Security, follow the regulations of the Minister of national defence and the Minister of public safety. 2. The industry management guide and method of content publicly the results of strategy, plans, goals and tasks of the subordinate enterprises.
3. The Ministry, the provincial people's Committee and the limited liability company a member by State as owners make disclosure in accordance with the Prime Minister and the other provisions of the law.
Article 23. Responsibility in case of non-State enterprises completed strategy, plans, goals, tasks 1. For State economic Corporation and the Corporation's investment and trading state capital: industry Manager, provincial people's Committee, the Council members and the authorities of the State concerned, the Government is responsible to the Prime Minister when State economic Corporation and the Corporation's investment and trading state capital not complete strategies , plans, targets, tasks.
2. for State enterprises under the Ministry of industry managers, the provincial people's Committee: a) The management of the industry, the provincial people's Committee responsible to the Government, the Prime Minister when the subordinate enterprises not fulfilling the strategy, plans, goals, tasks.
b) Board Member, President of the company and the authorized representative for the State capital in the enterprise responsible industry Manager, provincial people's Committee when businesses do not complete strategy, plans, goals, tasks.
3. for the business due to the parent company holds over 50% of the capital: the authorized representative for the parent company's equity investment in the business responsible to Council members, the President of the parent company when the company fails to complete the strategy, plans, goals, tasks.
Article 24. Handle violation and disciplinary forms 1. For members of the Board members, the company President, ceo (Director) of the business that the State holds 100% of the Charter capital and authorized representative for the State capital investments in businesses that the State holds over 50% of the capital: the Ministry of industry management The provincial people's Committee, make disciplinary forms as reprimand, warning, demoted, fired, decided the salary and other benefits for members of the Board members, the company President, ceo (Director) and the representative if the following rule violations : a) does not perform a full content inspection, monitoring the implementation of the strategy, plans, goals, mission and business lines of the company.
b) Not filed, filed incomplete, not timely reports under the provisions of this Decree; the content report dishonest, incomplete.
c) not implemented or not implemented fully the direction, recommendations, solutions of State-owner, to business does not complete the implementation of the strategy, plans, goals, tasks.

2. for The management of the industry and the provincial people's Committee: grant agency heads on the applied forms of discipline rebuke, warning, dismissal and resignation according to the provisions of Law officers, public servants, law officer for the business owner if the violation of one of the following circumstances : a) does not perform a full content inspection, monitoring the implementation of the strategy, plans, goals, mission and business lines delivered by State enterprises under the Ministry of industry management and provincial people's Committee.
b) untimely given the correct measure and process violations in the process of State-owned enterprises implement the strategy, plans, goals and tasks.
c) does not submit the report according to the provisions of article 4 and article 13 of this Decree.
d) dishonest reporting results the implementation of the strategy, plans, goals, mission and business lines delivered by State enterprises under the Ministry of industry management and provincial people's Committee.
3. Every year when classified business will lower a rating level for the only goal of the executive regulations of the law if the business violated the provisions in clause 1 of this article.
Chapter V ENFORCEMENT PROVISIONS article 25. Effective enforcement of this Decree has effect from the date of Jan. 20, 2015.
Article 26. Responsible for enforcing and implementation 1. The Interior Ministry, level specific guidelines review process discipline for violations of the provisions of article 24 of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, Board member or President of the company's businesses that the State holds 100% of the Charter capital and authorized representative for the capital invested in the enterprise is responsible for the implementation of this Decree.