The Decree 99/2012/nd-Cp: On Assignment, The Decentralized Implementation Of The Rights, Responsibilities, Obligations Of Owners Of State For State Enterprises And State Capital Investment In Enterprises

Original Language Title: Nghị định 99/2012/NĐ-CP: Về phân công, phân cấp thực hiện các quyền, trách nhiệm, nghĩa vụ của chủ sở hữu nhà nước đối với doanh nghiệp nhà nước và vốn nhà nước đầu tư vào doanh nghiệp

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Decree on decentralized implementation, assignment of the rights, responsibilities, obligations of owners of State for State enterprises and state capital investments in businesses _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 on decentralized implementation, assignment of the rights, responsibilities, obligations of owners of State for State enterprises and state capital investments in businesses, chapter I GENERAL PROVISIONS article 1. Scope of State property, capital investment in enterprises operating in the industry, field, stitch key, providing public service, products essential to the defence, and social security, core to the State's economy performed mainstream roles, physical force is important to state the direction , regulate the economy and macroeconomic stability.
The Government is the administrative organ of the highest State, unified management and perform functions for business owners, State and capital invested in the business.
This Decree regulates the assignment, decentralized implementation of the rights, responsibilities, obligations of 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: a State Enterprise) holds over 50% of the Charter capital;
b) business that the State holds no more than 50% of the Charter capital.
3. State agencies, organizations, individuals with regard to the implementation of the rights, responsibilities, obligations of State-owner enterprises that the State holds 100% of the Charter capital and the capital invested in the business.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. State enterprise is the business that the State holds over 50% of the Charter capital, include: a) business that the State holds 100% of the Charter capital of a limited liability company members;
b) business that the State holds over 50% of the Charter capital of a joint stock company, limited liability company, two members.
2. enterprises that the State holds no more than 50% of the Charter capital of a joint stock company, limited liability company, two members of that State's capital not to exceed 50% of the Charter capital.
3. the capital of the State is the State capital invested in the business by a State agency or organization of Economic Affairs of State representing the owner.
4. the authorized representative for the State capital in enterprises (hereinafter referred to as the representative) is the owner of the personal authorization in writing to implement the rights, responsibilities, obligations of the owner in the business.
5. The company under the Ministry, the provincial people's Committee consists of: The State Corporation, the company is a limited liability company members led by The provincial people's Committee, the decision established or assigned management.
Article 4. Assigned, the decentralized implementation of rights, responsibilities and obligations of owner State 1. The Government directly made or assigned to the Prime Minister, ministries, ministerial agencies, government agencies (hereafter referred to as the Ministry); hierarchy for the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee); delivered to the Board member or President of the company, the representatives exercise their rights, responsibilities and obligations of the owner.
2. Investment Corporation and the State capital business is business by the Prime Minister, decided to establish the State capital investment and management of State capital in enterprises by The provincial people's Committee, transfer, has the rights, responsibilities and obligations after the : a) management, effective use, conservation and development of the State capital investments and the State capital in enterprises management assigned;
b) specify and evaluate the activities of the representative; dismissed, reward, discipline representatives; decide the salary, bonus, allowances and other benefits of the representative in the assigned business manager;
c) assigned to the representative decided the content prescribed in paragraph 4 to article 20 and Article 29, paragraph 4 of this Decree;
d) reports to the Finance Ministry, the Prime Minister an overall approval of the project arrangement, renovation of the enterprise was entrusted to manage;
DD) reports to the Finance Ministry, the Prime Minister approved the strategy, business plan and investment plan 5-year development.
3. for joint-stock companies, limited liability company, two members that the State holds 100% of the Charter capital by different institutions as owners, each holding the rights, the obligations of the shareholders, members, which correspond to the shares in accordance with the corporate law.
Chapter II assignment, DECENTRALIZED IMPLEMENTATION of the RIGHTS, responsibilities, OBLIGATIONS of STATE-OWNER ENTERPRISES that the STATE HOLDS 100% of the CHARTER CAPITAL of a LIMITED LIABILITY COMPANY MEMBERSHIP category 1. The RIGHTS, responsibilities, OBLIGATIONS of OWNERS of STATE article 5. The rights, responsibilities of the owner State 1. The decision established, goals, mission and business lines; reorganization, transformation, dissolution and bankruptcy requests; raising capital in other enterprises.
2. To approve the Charter, amendments and additional terms.
3. capital investment decisions; regulators, transfer a part or the whole of the capital.
4. The decision to structure the company management; appointment, appointment, resignation, resignation, signed the contract, termination of contract, reward, or discipline the President and members of the Board members or the company President, Comptroller, General Manager (Director) of the company.
5. Decide on strategy, business plan and the investment plan of development.
6. Approval of investment undertakings, buy, sell property and to contract loans, loan.
7. Regulated financial regime, profit distribution, and use of the funds; approval of the annual financial report.
8. Regulations for recruitment, salary, bonus; the decision to wage the President and members of the Board members or the company President, Comptroller, General Manager (Director) of the company.
9. Decide on the solutions market development, marketing and technology; regulation mechanism of commissioned and participated in providing and ensuring the product, public service, of the economy.
10. Monitoring, testing, inspection of the observance of the law; reviews of the implementation of the objectives, tasks, results of operations, business and production efficiency; manage, use, protect, develop the company's capital. Reviews of the President and members of the Board members or the company President, Comptroller, General Manager (Director), Vice President (VP), Chief Accountant of the company.
Article 6. Obligations of owner State 1. Invest enough capital for the company.
2. In compliance with the Charter of the company.
3. Responsible for the debts and obligations of the company to the extent of the company's capital; identify and separate the assets of owners and the property of the company.
4. Comply with the law when approving investment policy, buy, sell the property and the loan contract, the company's lenders.
5. Ensure business right under the law of the company.
6. Perform other obligations prescribed by law.
Section 2. ASSIGNED, the DECENTRALIZED IMPLEMENTATION of rights, the RESPONSIBILITY of the OWNER of the STATE article 7. Rights, responsibilities of the Government 1. Rules of establishment, reorganization, transformation, dissolution of the company.
2. Enact the Charter, amendments and additions to the Charter of State economic Corporation and the Corporation: investing and trading state capital, Vietnam's aviation, marine, rail, Vietnam Vietnam Northern food, southern food. Sample Charter provisions of the State Corporation and business that the State holds 100% of the capital.
3. Regulations on appointment, appointment, resignation, resignation, signed the contract, termination of contract, reward, or discipline the President and members of the Board members or the company President, Comptroller, General Manager (Director), Vice President (VP), Chief Accountant of the company; the number of members of the Board members and the Vice President (VP) of the company.
4. Regulations of financial management, profit distribution, and use of the funds; reporting and public finance of the company; the monitoring mechanism, check done.
5. Regulations; the mode wage, bonuses of the company; salaries, bonuses and other benefits of the Chairman and members of the Board members or the company President, Comptroller, General Manager (Director) of the company.
6. Regulation mechanism tasked and participated in providing and ensuring the product, public service, of the economy.
7. the monitoring mode is prescriptions, test, inspection of the observance of the law; the implementation of the strategy, plans, goals, tasks; manage, use, conservation and development capital.
8. Regulation criteria the results of the goals, tasks, results of operations and business performance of the company; evaluation criteria the Chairman and members of the Board members or the company President, Comptroller, General Manager (Director), Vice President (VP), Chief Accountant of the company.
Article 8. Rights, responsibility of the Prime Minister 1. For State economic Corporation and the Corporation's investment and trading state capital: a) decided to establish the mission, goals, and business lines; reorganization, transformation, dissolution and bankruptcy requirements. Approval of the project to establish a subsidiary 100% state capital. Approval of advocates, reorganized, dissolve branches, representative offices and the other dependent accounting units;
b) decide upon capital formation and capital adjustments during operation;

c) appointed, the appointment, dismissal, resignation, reward, or discipline members Council President;
d) approved the strategy, business plan and investment plan 5-year development.
2. Approval of the project to establish a limited liability company members by the Ministry, the provincial people's Committee decided to set up.
3. Approval of the company advocates the 100% state capital of the State Corporation, the company under the Ministry, the provincial people's Committee, as suggested by the Department, the provincial people's Committee.
4. Approval of the project overall arrangement, renovation of a limited liability company members (including the scheme of State economic group) as proposed by the Ministry of industry management, provincial people's Committee.
5. Regulation of the activity control regulation member firms.
Article 9. Rights, responsibility of The management of the industry, provincial people Committee 1. The sector Manager is the direct superior of Board members at the State economic Corporation, rights, the following responsibilities: a) suggest the Prime Minister decided to established, goals, mission and business lines; reorganization, transformation, dissolution and bankruptcy requirements. Evaluation, the Prime Minister approved the project of establishing a subsidiary 100% state capital; advocates the establishment, dissolution, reorganization of branches, representative offices and the other dependent accounting units;
b) Government enacted The Charter, amendments and additions;
c) suggested the Prime Minister decides the level of capital and capital adjustments;
d) suggested the Prime Minister decided to appoint, appointment, resignation, resignation, reward, or discipline members Council President;
DD) suggest the Prime Minister approved the strategy, business plan and investment plan 5-year development;
e) appointed, the appointment, dismissal, resignation, reward, or discipline members of the Board members, the Director General, specialized controllers and pay for specialized controllers titles;
g) approve the list of projects of the Group A, B annually and inform the Ministry of planning and investment, the Ministry of finance to general supervision;
h) approval of undertakings which hold, increasing, reducing the Group's economic capital in other enterprises; the enterprise voluntarily participated in the subsidiaries, associated companies;
I) approval of the policy loan, loans, buy, sell property has the value equal to or greater than 50% of the Charter capital or a smaller percentage are stipulated in the Charter the Group; approved foreign debt policy of the State's economy and Finance Ministry proposal evaluation, approved;
k) decided the salary of the Chairman and members of the Board members, the Director General, Comptroller, annual wage fund of the Council members after the opinion of the Ministry of labor, invalids and Social Affairs;
l) approval to Council members approve financial statements, distribution of profits, and the use of the funds;
m) suggest the Prime Minister an overall approval of the project arrangement, renovation of State economic group;
n) perform regular inspections, monitoring and inspection of the observance of the law; the management, use, conservation and development of capital; the implementation of strategies and plans; the realization mode of recruitment, salary, bonuses of the State economy. Reviews of the implementation of the goals, mission, business lines and results of operations, business and production efficiency of the State's economy. Reviews for the Chairman and members of the Board members, specialized controllers, General Manager, Deputy General Director, Chief Accountant in the management of the Executive Group, the State's economy.
2. The rights, the responsibility of The management of the industry, the provincial people's Committee for the company under the Ministry, the provincial people's Committee: a) decided to establish the mission, goals, and business lines for the company specified in clause 2 article 8 of this Decree, after the Prime Minister and approval of the project. Approval of advocates, reorganized, dissolve branches, representative offices and the other dependent accounting units;
b) approved the Charter, amendments and additional terms. The Government issued, modified, supplemented the rules of the State Corporation referred to in Paragraph 2 article 7 of this Decree;
c) implementation arrangements, the renovation of the company after the Prime Minister and approval of the overall project;
d) decided the capital formation and capital adjustments during operation of the company. For companies in The pay agreement with the Ministry of finance;
DD) appointed, the appointment, dismissal, resignation, reward, or discipline the President and members of the Board members or the company President, ceo (Director), control and pay the salaries for the position control;
e) approved the strategy, business plan and investment plan 5-year development; the list of projects of the Group A, B annually and inform the Ministry of planning and investment, the Ministry of finance to general supervision;
g) approved undertakings which hold, increasing the company's capital reduction in other enterprises; the enterprise voluntarily participated in the subsidiaries, associated companies;
h) approval of the policy loan, loans, buy, sell property has the value equal to or greater than 50% of the Charter capital of the company or a smaller percentage are stipulated in the company Charter; approved foreign debt policy of the company and the Finance Ministry proposal evaluation, approved;
I) decided the salary of the Chairman and members of the Board members or the company President, ceo (Director), control of its appointed members; annual wage fund of the Board member or President of the company;
k) approved to Board members or the company President approved the annual financial statements, distribution of profits, and the use of the funds;
l) perform regular inspections, monitoring and inspection of the observance of the law; the management, use, conservation and development of capital; the implementation of strategies and plans; the realization mode of recruitment, salary, bonuses of the company. Reviews of the implementation of the goals, mission, business lines and results of operations, business performance of the company. Reviews for the Chairman and members of the Board members or the company President, Comptroller, General Manager (Director), Vice President (VP), Chief Accountant in the management and administration of the company.
Article 10. Rights, the responsibility of the Ministry of finance 1. The Government regulates the financial management mode, profit distribution, and use of the funds; management mode, use, conservation and development of capital; reporting and public finance; the monitoring mechanism, check done.
2. The Government Regulation criteria the results of the goals, tasks, results of operations and business performance of the company; the mechanism tasked and participated in providing and ensuring the product, public service, of the economy.
3. The Government Regulation limited liability company transfer a member into a joint stock company.
4. Evaluation, the Prime Minister decides the level of capital and capital adjustment of State economy corporations; agreement on capital and capital adjustments for the company under the Ministry of industry management.
5. standard regulations, conditions of Chief Accountant.
6. Suggest the Prime Minister decided to appoint, appointment, resignation, resignation, reward, or discipline members Council President Of the investment company and the State capital. The decision to appoint, appointment, resignation, resignation, reward, or discipline the Financial Comptroller in State economic Corporation and paid for this title.
7. the annual recurring General, report on the effectiveness of business and public mission assigned, on the financial situation of the limited liability company is a member in the national scope. Specific consideration of financial statements of the group when the State's economy is the prime requirement.
In collaboration with the Ministry of industry managers, the provincial people's Committee in implementing monitoring, regular checks and inspections in accordance with the management, use, conservation and development capital for limited liability companies a member.
8. Pursuant to regulation and foreign debt plan has been approved, verified and approved loans of the foreign debt of the State economy and the limited liability company to another Member.
9. Comments with regard to the matters specified in point a, d, paragraph 1, item 2, 3 and 4 Article 8 of this Decree.
10. The opinion with The management of the industry, the provincial people's Committee on the capital contribution, holding, increase and decrease of capital in other enterprises, the subsidiaries, associated companies of the State economy, State Corporation.
Article 11. Rights, the responsibility of the Ministry of planning and investment to 1. The Government regulation on establishment, reorganization, transformation of ownership (except for the provisions in paragraph 3 article 10 of this Decree), the dissolution of a limited liability company members; sample Charter provisions of the State Corporation and business that the State holds 100% of the capital.
2. The Government Regulation, the monitoring mode to check the implementation of the strategy, plans, goals, tasks.
3. The Prime Minister issued the regulation on activity of control member limited liability company a member.
4. Evaluation, the Prime Minister decided to established, goals, mission and business lines; the reorganization, transformation, dissolution and bankruptcy requests for State economic group.
5. Evaluation, the Prime strategy, business plan and investment plan 5-year development of the economy of the State.

6. Periodically the aggregate annual Government report, the implementation of the goals, mission and business lines of the limited liability company is a member in the national scope. In collaboration with the Ministry of industry managers, the provincial people's Committee in implementing monitoring, periodic inspections every year and inspected according to the provisions implementing the strategy, business plan and investment plan 5-year development.
7. Comments with regard to the matters specified in point a, b, paragraph 1, item 2, 3 and 4 Article 8 of this Decree.
8. The opinion with The management of the industry, the provincial people's Committee on the capital contribution, holding, increase and decrease of capital in other enterprises, the subsidiaries, associated companies of the State economy, State Corporation.
Article 12. Rights, the responsibility of the Ministry of the Interior 1. The Government regulation on appointment, appointment, resignation, resignation, sign the contract, termination of contract, reward, discipline and evaluation criteria the Chairman and members of the Board members, the company President, Comptroller, General Manager (Director), Vice President (VP), Chief Accountant of the company; the number of members of the Board members and the Vice President (VP) of the company.
2. The appraisal, the Prime Minister decided to appoint, appointment, resignation, resignation, reward, or discipline members Council President of State economic Corporation and the Corporation's investment and trading state capital.
3. Comments with regard to the matters specified in paragraph 1 point a, paragraph 2, 3 and 4 Article 8 of this Decree.
4. In coordination with the Ministry of industry management, provincial people's Committee monitoring implementation, examine the observance of the regulations of the party and the State on the work of officers in State economic Corporation, the State Corporation.
Article 13. Rights, the responsibility of the Ministry of labor, invalids and Social Affairs 1. The Government regulates recruitment mode; the mode wage, bonuses of the company; salaries, bonuses and other benefits of the Chairman and members of the Board members or the company President, Comptroller, General Manager (Director) of the company.
2. In coordination with the Ministry of industry managers, the provincial people's Committee in implementing monitoring, periodic inspections every year and inspected according to the provisions implementing the recruitment regime, wages, bonuses of the company.
3. Comments deal with matters specified in point k paragraph 1 article 9 of this Decree; comments with regard to the matters specified in paragraph 1 point a, paragraph 2, 3 and 4 Article 8 of this Decree.
Article 14. Rights, responsibility of Board members, the Chairman of the company board member, President of the company is represented directly at the owner of the company, has the right to, the following responsibilities: 1. Decide on strategy, business plan and investment plan 5-year development of the company after the proposal and be approved by the authority.
2. Decide the business plan and the investment plan of the company's annual development and submit the decision to The management of the sector, the Ministry of planning and investment, Ministry of Finance (for State economic enterprises, the State Corporation), to The management of the industry, the provincial people's Committee (for the company in The The provincial people's Committee) to sum up, the monitor.
3. The proposal authorized the appointment, appointment, resignation, resignation, reward, or discipline for the Chairman and members of the Board members or the company President, ceo (Director) of the company.
4. Decides to appoint, appointment, resignation, resignation, signed the contract, termination of contract, reward, or discipline, Vice President (VP), Chief Accountant of the company.
5. Proposed adjustment by the authorized capital; additional amendments Charter company; reorganization, transformation, dissolution and bankruptcy company requirements.
6. Decide which holds, increasing, reducing the company's capital in other enterprises; the reception of subsidiaries, associated companies, after the proposal and are the logical sectors, provincial people's Committee approved the policy.
7. Representatives of the company's shares in other businesses; assigned to the representative shares the company decided the content prescribed in paragraph 4 to article 20, paragraph 4 to article 29 of this Decree.
8. Decide or authorized General Manager (Director) decides investment projects, contract, loan, purchase, sell the assets within the jurisdiction set forth in the Charter of the company and the provisions of the law.
9. Recommend industry Manager, provincial people's Committee approval of foreign debt policy.
10. decision on establishment, reorganization, dissolution of branches, representative offices and the other dependent accounting units after the proposal and be approved by the authorized account holder.
11. The provisions of the internal regulations of the company. Approval of the financial statements, distribution of profits, and use the funds after the approval authority.
12. The decision of salary for the position by the Board member or President of the company.
13. Decide the solutions market development, marketing and technology company.
14. Rights, responsibilities of Council members, the President of the company for the 100% capital subsidiary State: a) decided to establish the mission, goals, and business lines; reorganization, transformation, dissolution and bankruptcy request after it is approved by the authority;
b) approved the Charter, amendments and additions;
c) decided the capital formation and capital adjustment in the process of the activity of the company;
d) appointed, the appointment, dismissal, resignation, reward, or discipline the President and members of the Board members or the company President, ceo (Director), control;
DD) approved the strategy, business plan and investment plan 5-year development;
e) approval of the policy loan, loans, buy, sell property has the value equal to or greater than 50% of the Charter capital of the company or a smaller ratio stipulated in the Charter of the company;
g) approval of the annual financial statements, distribution of profits, and use the funds.
15. Perform the sort, innovation enterprise after being approved by the authorized overall scheme.
16. Responsible for the management and operation of businesses comply with the provisions of the law and the decision of the owner; using management, conservation and development of effective capital; timely reporting to the owner of the business at a loss, does not guarantee the ability to pay, not to accomplish this goal, the task assigned by the owner or the cases of other violations.
Category 3. ASSIGNED, the DECENTRALIZED IMPLEMENTATION of OBLIGATIONS of STATE OWNER article 15. The obligation to invest enough capital 1. The Finance Ministry is obliged to invest enough capital after the decision by the authorized capital levels for the economic state and the company managers in the industry.
2. provincial people's Committee has the obligation to invest enough capital for companies in the provincial people's Committee.
3. The Council of members, the Chairman of the company is obliged to invest enough capital for the 100% subsidiary of capital formation by themselves.
Article 16. Obligation to comply with the Charter company, individual organizations make the right, the responsibility of the owner is obliged to comply with the Charter company and be responsible before the law about the improper decision authority.
Article 17. The obligation on the debt and other assets 1. The owner of State obligations on the debt and other assets within the scope of the Charter capital of the company.
Board Member, the company President, ceo (Director) of the company are managed and secured company solvency liabilities and obligations of other assets; identify and separate the assets of owners and the property of the company.
2. Ministry of industry management to monitor, test, evaluate the debts and obligations of the other assets of the State's economy and companies under the Ministry. The provincial people's Committee to monitor, test, evaluate the debts and obligations of the other assets of the company in the people's Committee. Case detection companies have difficulty in paying the debts and obligations of the other assets, The management of the industry, the provincial people's Committee requested and steer the company has overcome project and reports the Agency has the authority to review the decision.
The annual financial report of the Government on the State of the debts and obligations of the State corporations, corporations and State enterprises 100% other State capital in the country.
3. When the company in bankruptcy, industry Manager, provincial people's Committee directed the Council members, the President of the company, the Director-General (Executive Director) of the company perform the required procedure of bankruptcy under the provisions of the law on bankruptcy.
Article 18. Obligations of approved undertakings to invest, buy, sell property and to contract loans, loans of 1. The Organization, the individual make the right, the responsibility of the owner is obliged to make proper authority, the right of law when approved investment guidelines, purchase, sale of property, contract loans, corporate lending; monitoring the implementation of the decision and its approval.
2. Board Member, the company President, ceo (Director) of the company to implement investment projects, purchase, sale of property, contract loans, corporate lending in accordance with approved guidelines and the provisions of the law.
Article 19. The obligation to guarantee the right of business according to the law of the company organization, done right, personal liability of the owner is obliged to guarantee the right to legal business of the company; guaranteed to Council members, the President, General Manager (the Director) to actively manage, effective operating the company under the provisions of the law and Charter company.
Chapter III assignment, DECENTRALIZED IMPLEMENTATION of rights, the RESPONSIBILITY of the OWNER for the STATE ENTERPRISES that the STATE HOLDS over 50% of the CHARTER CAPITAL article 20. The rights, responsibilities of the owner State 1. The decision, transfer capital contribution capital investment in State enterprises; implementation of the rights of shareholders, members, which according to the provisions of the laws and regulations of the enterprise; responsible for the debts and obligations of other assets of the business in the scope of the capital which the State has contributed to the business.

2. Appoint the representative to make the rights of shareholders, members capital contribution; dismissed, reward, discipline representatives; the decision of salary, bonus, allowances and other benefits of the representative; Reviews for the representative.
3. Requests the representative to perform the content has been delivered to the provisions in paragraph 4 of this article, except where the rules of business for other regulations; periodic report or unscheduled investments, financial situation, efficient use of capital, the business results of the business.
4. The owner of the State assigned representatives to decide the content of the business: a) the objective, mission and business lines; reorganization, dissolution and bankruptcy business requirements;
b) Charter, amendments and additional terms of business;
c) the increase or reduction of capital; the time and method of financing; type of shares and the total number of shares of each type are the rights offered for sale; the acquisition of over 10% of the total number of shares sold each;
d) the nomination to vote, dismissed petitions, recall, reward, processed in violation of the Board members, the Chairman of the Board, the President of the Council members, members of the Board of control. Nominate for appointment, dismissing the Petitions, signing the contract, terminate the contract with the Director-General (Executive Director) business. Remuneration, salary, bonuses and other benefits of the members of the Management Board, members of the Board members, supervisory board members, the Director-General (Executive Director); the number of members of the Management Board, supervisory board member, Vice President (VP) of enterprises;
DD) strategy, business plan and investment plan 5-year development of the business; the list of projects of the Group A, B every year;
e) undertakings which hold, increase, decrease the State capital investments in other enterprises; the establishment, dissolution, reorganization of branches, representative offices and the other dependent accounting units; the enterprise voluntarily participated in the subsidiaries, associated companies;
g) advocated buying, selling the property and to contract loans, loans whose value is equal to or greater than 50% of the Charter capital of the business or a different rate is under the provisions of the Charter of the enterprise; advocates of foreign debt of the business;
h) financial statements, distribution of profits, and use the funds, the annual dividend rate;
I) recruitment mode; mode of remuneration, salary, bonuses of the business.
5. Requests the representative to report to perform regular inspections, monitoring and inspection according to the provisions of law observance; the management, use, conservation and development of the State capital in enterprises; the implementation of strategies and plans; reviews of the implementation of the objectives, tasks, results of operations, business and production efficiency.
Article 21. Rights, responsibility of government regulations the following issues as a base Guide state capital owners and representatives in the exercise of the rights, the obligations of the shareholders, members, which is in business: 1. Regulations on appointment, dismissal, reward, discipline representatives; evaluation criteria representative; nominated for election, resignation and recall, reward, processed in violation of the Board members, the Chairman of the Board, the President of the Council members, members of the Control Board; appointment, dismissal, contract, terminate the contract with the Director-General (Executive Director); the number of members of the Management Board, supervisory board member, Vice President (VP) of the business.
2. Regulations of financial management, profit distribution, and use of the funds; reporting and public finance of enterprises; the monitoring mechanism, check done.
3. Regulations; mode of remuneration, salaries, bonuses and business representative of State capital in the business.
4. Regulation mechanism tasked and participated in providing and ensuring the product, public service, of the economy.
5. Regulations of monitoring, testing, inspection of the observance of the law; reviews of the implementation of the strategy, plans, goals, tasks, results of operations, business and production efficiency; manage, use, conservation, development of business capital.
6. Prescribing criteria results of operations, business and production efficiency of the business.
Article 22. Rights, responsibility of the Prime Minister 1. The decision holds, increasing, decreasing state equity investments in corporations after privatization.
2. Consent to The assigned sector management representatives decide the following content for corporations after privatization: a) Charter, amendments and additions;
b) goals, mission and business lines; reorganization, dissolution and bankruptcy requests;
c) the increase or reduction of capital; the time and method of financing; type of shares and the total number of shares of each type are the rights offered for sale; the acquisition of over 10% of the total number of shares sold each;
d) strategy, business plan and investment plan 5-year development.
3. Approval of the overall scheme of the holding, increase, reduce capital investment in enterprises transformation, privatization under the Ministry, the provincial people's Committee.
Article 23. Rights, responsibility of The management of the industry, provincial people Committee 1. Industry Manager perform the following responsibilities, rights for corporations after privatization: a) assign, reward, or discipline the person represented; the decision of salary, bonus, allowances and other benefits of the representative. Reviews for representatives;
b) suggest the Prime Minister decides the holding, increase and decrease of capital investment into State corporations after privatization;
c) suggested the Prime Minister approves to assigned Representative decided the following: Charter, amendments and additions; goals, mission and business lines, reorganization, dissolution and bankruptcy requests; the increase or reduction of capital, time and method of financing, the type of shares and the total number of shares of each type are offered, the acquisition of rights on 10% of the total number of shares sold each; strategy, business plan and investment plan 5-year development;
d) approved to delegate decisions to the contents specified in point d, e, h paragraph 4 article 20 of this Decree; the list of projects of the Group A, B annually and reported to the Ministry of planning and investment, the Ministry of finance to general supervision; advocates of buying, sale of property and contract loans, loans whose value is equal to or greater than 50% of the Charter capital or a different rate is under the provisions of the Charter the Group; advocates of foreign debt and Finance Ministry proposal evaluation and approval;
DD) requesting the representative reports to perform regular inspections, monitoring and inspection according to the provisions of law observance; the management, use, conservation and development of the State capital in enterprises; the implementation of strategies and plans; reviews of the implementation of the goals, tasks and results of operations, business and production efficiency of the economy after the stock.
2. The rights, the responsibility of The management of the industry, the provincial people's Committee for business transformation, privatization under the Ministry, the provincial people's Committee: a) the decision, holding steady, steady state capital investments in enterprises; appointment, dismissal, reward, discipline representatives; the decision of salary, bonus, allowances and other benefits of the representative. Reviews for representatives;
b) approved to delegate the decision prescribed in paragraph 4 to article 20 of this Decree. Notice the list of projects of the Group A, B every year to the Ministry of planning and investment, Ministry of finance, monitoring. Approved undertakings and suggested the Finance Ministry due diligence, approval for the loans the foreign debt of the business;
c) asked the representative to report to perform regular inspections, monitoring and inspection according to the provisions of law observance; the management, use, conservation and development of the State capital in enterprises; the implementation of strategies and plans; reviews of the implementation of the objectives, tasks, results of operations, business performance of enterprises;
d) suggested the Prime Minister approved the project of the holding, increase, reduce capital investment in the business.
Article 24. Rights, the responsibility of the Ministry of finance 1. The Government regulates the financial management mode, profit distribution, and use of the funds; management mode, use, conservation and development of capital; reporting and public finance; the monitoring mechanism, check done.
2. The Government Regulation criteria review results of operations, business performance of enterprises; the mechanism tasked and participated in providing and ensuring the product, public service, of the economy.
3. the annual recurring General, report on the effectiveness of business and perform the task assigned by the public utility business that the State holds over 50% of the capital stock in the country. In collaboration with the Ministry of industry managers, the provincial people's Committee asked the representative to report to perform regular inspections, monitoring and inspection in accordance with the management, use, preserve and develop the State capital investments in businesses in the country.
4. Evaluation, the Prime Minister decides the holding, increase, reduce capital investment in corporations after privatization.
5. Evaluation, the Prime Minister approved the increase, capital reduction; the time and method of financing; type of shares and the total number of shares of each type are the rights offered for sale; the acquisition of over 10% of the total sales of each type of joint for corporations after privatization.
6. the Nominations Committee participants in economic corporations after privatization.
7. Pursuant to regulation and foreign debt plan has been approved, verified and approved loans of foreign debt of the business according to the proposal of the management of the industry, the provincial people's Committee.

8. Comments with regard to the matters specified in point a, b, d Paragraph 2, Article 22 paragraph 3 of this Decree.
9. Comments with The management of the industry, the provincial people's Committee on the capital contribution, holding, increase and decrease of capital to invest in other business, the business voluntarily participated in the subsidiaries, associated companies of the Group economy and corporations after privatization.
Article 25. Rights, the responsibility of the Ministry of planning and investment to 1. The Government regulates the monitoring mode, check the implementation of the strategy, plans, goals, tasks of the business.
2. The appraisal, the Prime Minister approved the objectives, mission, business lines; reorganization, dissolution and bankruptcy requests; strategy, business plan and investment plan 5-year development for corporations after privatization.
3. Periodically the aggregate annual Government report, the implementation of the goals, mission and business lines of economic corporations and corporations after privatization under the Ministry of industry management. In collaboration with the Ministry of industry managers, the provincial people's Committee asked the representative to report to perform monitoring, periodic inspections every year and inspected according to the provisions implementing the strategy, business plan and investment plan 5-year development.
4. Comments with regard to the matters specified in paragraph 1, point a, Paragraph 2, paragraph 3 c of Article 22 of the Decree.
5. The opinion with The management of the industry, the provincial people's Committee on the capital contribution, holding, increase and decrease of capital to invest in other business, the business voluntarily participated in the subsidiaries, associated companies of the Group economy and corporations after privatization.
Article 26. Rights, the responsibility of the Ministry of the Interior 1. The Government regulations on the appointment, dismissal, reward, discipline representatives; evaluation criteria representative; nominated for election, resignation and recall, reward, processed in violation of the Board members, the Chairman of the Board, the President of the Council members, members of the Control Board; appointment, dismissal, contract, terminate the contract with the Director-General (Executive Director); the number of members of the Management Board, supervisory board member, Vice President (VP) of the business.
2. In coordination with the Ministry of industry managers, the provincial people's Committee asked the representative to report to supervising, inspecting the observance of the provisions of the State party on the work of officers for corporations, corporations after privatization.
3. Comments with regard to the matters specified in point a, b item 2 Article 22 of the Decree.
Article 27. Rights, the responsibility of the Ministry of labor, invalids and Social Affairs 1. The Government regulates recruitment mode; mode of remuneration, salaries, bonuses and business representative of State capital in the business.
2. In coordination with the Ministry of industry managers, the provincial people's Committee in implementing monitoring, periodic inspections every year and inspected according to the provisions implementing recruitment mode; remuneration, salary, bonuses of the business.
3. Comments with regard to the matters specified in point a, b item 2 Article 22 of the Decree.
Article 28. Rights, responsibilities of the representative the representative is authorized to make the right owner's responsibility, the State has the responsibility to comply with the law; done properly the task owner is the State of affairs when the decision referred to in paragraph 4 to article 20 of this Decree; timely reporting to the owner of the business at a loss, does not guarantee the ability to pay, not to accomplish this goal, the task assigned by the owner or the cases of other violations.
Chapter IV assignment, DECENTRALIZED IMPLEMENTATION of rights, the RESPONSIBILITY of the OWNER for the STATE ENTERPRISES that the STATE HOLDS NO MORE THAN 50% of the CHARTER CAPITAL Article 29. Rights, responsibility of owner State 1. The decision, transfer capital contribution capital investment in State enterprises; implementation of the rights of shareholders, members, which according to the provisions of the laws and regulations of the enterprise; responsible for the debts and obligations of other assets of the business in the scope of the capital which the State has contributed to the business.
2. Appoint the representative to make the rights of shareholders, members capital contribution; dismissed, reward, or discipline represented in the business; the decision of salary, bonus, allowances and other benefits of the representative; Reviews for the representative.
3. Requests the representative to perform the content has been delivered to the provisions in paragraph 4 of this article, except where the rules of business for other regulations; periodic report or unscheduled investments, financial situation, efficient use of capital, the business results of the business.
4. The owner of the State assigned representatives to decide the content of the business: a) the objective, mission and business lines; reorganization, dissolution and bankruptcy business requirements;
b) Charter, amendments and additional terms of business;
c) the increase or reduction of capital; the time and method of financing; type of shares and the total number of shares of each type are the rights offered for sale; the acquisition of over 10% of the total number of shares sold each;
d) the nomination to vote, dismissed petitions, recall, reward, processed in violation of the Board members, the Chairman of the Board, the President of the Council members, members of the Control Board; nominate for appointment, dismissal, contract, terminate the contract with the Director-General (Executive Director) business. Remuneration, salary, bonuses and other benefits of the members of the Management Board, members of the Board members, supervisory board members, the Director-General (Executive Director); the number of members of the Management Board, supervisory board member, Vice President (VP) of enterprises;
DD) strategy, business plan and investment plan 5-year development of the business;
e) advocates the establishment of a subsidiary; the establishment, dissolution, reorganization of branches, representative offices;
g) advocates investing, buying, selling the property and to contract loans, loans whose value is equal to or greater than 50% of the total value of assets recorded in the financial statements at the time of publication of the nearest business or a smaller percentage are stipulated in the Charter of the enterprise;
h) annual financial statements, distribution of profits, and use the funds, the annual dividend level of business.
5. Requests the representative to report to perform regular inspections, monitoring, assessment, effective use of State capital in the business.
Article 30. Rights, responsibility of Government, the Prime Minister 1. Government Regulation management mode and using state capital in the business, doing the base Guide state capital owners and representatives in the exercise of rights, obligations of the shareholders, members, which is in the business.
2. The Prime Minister approved the project of the holding, increase, reduce capital investment in enterprises according to the proposal of the management of the industry, the provincial people's Committee, the opinion of the Ministry of finance, the Ministry of planning and investment.
Article 31. Rights, responsibility of The management of the industry, provincial people Committee 1. Appointment, dismissal, reward, discipline representatives; decide the salary, bonus, allowances and other benefits of the representative; Reviews for the representative.
2. the assigned Representative decided the content prescribed in paragraph 4 to article 29 of this Decree.
3. Requests the representative to report to perform regular inspections, monitoring, assessment, effective use of State capital in the business.
4. Suggest the Prime Minister approved the project of the holding, increase, reduce capital investment in the business.
Article 32. Rights, the responsibility of the Ministry of finance 1. The Government Regulation management mode and using state capital in the business.
2. In coordination with the Ministry of industry managers, the provincial people's Committee asked the representative to report to supervising, checking often. Annual recurring General, Government reports on the effective use of State capital in enterprises in the country.
3. Comments with regard to the matter specified in clause 2 article 30 of this Decree.
Article 33. Rights, responsibilities of the representative the representative is authorized to make the right owner's responsibility, the State has the responsibility to comply with the law; done properly the task owner is the State of affairs when the decision referred to in paragraph 4 to article 29 of this Decree; timely reporting to the owner of the business at a loss, does not guarantee the ability to pay, not to accomplish this goal, the task assigned by the owner or the cases of other violations.
Chapter V ENFORCEMENT PROVISIONS Article 34. Effective enforcement of this Decree in effect enforced since June 30, 2012.
Decree No. 132/2005/ND-CP dated 20 October 2005 by the Government on the implementation of the rights and obligations of the owners of the State for the State company, Decree No. 86/2006/ND-CP on August 21, 2006 the Government amended and supplemented a number of articles of Decree No. 132/2005/ND-CP and the previous provisions contrary to this Decree are repealed.
Article 35. Responsible for enforcing and implementation 1. The Ministry of Finance issued the regulation on operation of the authorized representative for the capital invested in the business.
2. Ministry of planning and investment, the annual Government report the implementation of the rights, responsibilities and obligations of the owners of State for State enterprises.
3. Inspection of the Government, in collaboration with the Ministry of planning and investment, Ministry of finance the Government issued regulation monitoring, testing, inspection for businesses in the observance of the law and in compliance with the decision of the owner.
4. 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 of a limited liability company members and authorized representatives for the capital invested in the enterprise is responsible for the implementation of this Decree.