THE SOCIALIST REPUBLIC OF VIETNAM.
Nationwide, July 17, 2012
Approval of the "State Business restructuring, the focus is the economic conglomerate, the State Corporation of the Period 2011-2015".
Government Law Base December 25, 2001;
The Third Conference of the Central Committee of the Fifth Party.
Resolution 94 /NQ-CP on 27 September 2011 of the Government on the Government Session of the Government in September 2011; Resolution No. 01 /NQ-CP on 3 January 2012 the Government of the Government of the solutions primarily directed the implementation of the development plan. Economic-social and economic development of the state budget in 2012; Resolution No. 12 /NQ-CP on 9 May 2012 of the Government on the Government Session of the Government in April 2012;
At the suggestion of the Minister of Finance and Head of the Board of Innovation and Enterprise Development,
Restructure of the state enterprise, the focus is the economic conglomerate and the state corporation to achieve the following objectives:
-The state business has a more streamline structure, focusing on the sector, the key sector, the supply of products, the essential utility service for society and defense, security, as the core of the state economy to perform the dominant role, being the physical force. important for the State to navigate, regulate the economy and stabilize the macroeconomic economy.
-Enhancing equity, equity on equity for business enterprises; completing manufacturing tasks, offering products, services essential to society, defense, security for enterprise operating business.
II. TASK FORCE
1. Taxation of 100% of state capital existing in the following groups:
a) Group 1: The State Enterprise holds 100% of the charter capital in the fields of state monopoles, defence, security; publishing; hydro; conservation of transportation; the lottery of ants; production, production, distribution of large-scale electricity, multi-goal, special meaning major economic-social-associated with defense, security; management, exploitation of national railway infrastructure, urban areas; ports of aviation; port I; print, mint.
b) Group 2: The equity business that the State holds above 50% of the operating capital operating in the industries, the sector by regulation at Decision No. 14 /2011/QĐ-TTg March 4, 2011 by the Prime Minister on the board of criteria, the category of state business classification. It's clear:
-The state holds over 75% of the charter capital as the commodity shares of economic corporations, corporations, large-scale state-owned enterprises, operating in the fields of exploitation, resource processing, minerals, and the infrastructure of communications.
-The state holds 65% to 75% of the charter capital when she shares large scale businesses, operates in the fields of basic chemical production, chemical clemology; wholesale food sales; wholesale drug trafficking, healing; pharmaceuticals; finance, credit; insurance. Danger; level, drainage; environmental hygiene, lighting in large urban areas; production, storage of breeding plants; production of the disease prevention; management, maintenance of road systems, inland waterways; management, mining of seaport; large scale power production; Rail transport, aviation.
In addition to the above businesses, other businesses when they share, the specific situation base and market capacity, the state holds from over 50% to under 65% of the charter capital or does not hold shares.
c) Group 3: State enterprises lose a prolonged, unreparable power to make sale, transfer of business; restructure debt to transform into a holding company, LLC to many members; dissolution, bankruptcy.
2. In accordance with the principle of state-state divitalization that has invested in the non-business non-business sector or not directly related to the main business sector; state capital in the holding company that the State does not need to govern.
3. Restructuring the business according to the industry, the non-discriminated field, the governing body. In front of the eyes, in the areas of construction, commerce, telecommunications, publishing, raffle of ants, drainage, urban environments, seamen, management and road repairs, railways, waterways ...
4. Restructuring corporation, the total state company overall from the organizational model, management, human resources, business manufacturing industry, development strategy, investment to market and product. Reorganization of some economic corporations, the state corporation, which matches the status and requirements of the mission.
5. Complete institutional, mechanism, policy.
a) To the business 100% of state capital
Finalization of the legal framework for business enterprise operating in a general legal environment and equal competition with the business of other economic components, the effective use of resources has invested. The manufacturing business, product supply, utility services, defense, security must be accounted for and the good implementation of social policy is delivered.
Innovation enterprise governance to the state business that the focus is on economic corporations, the total state company elevate self-control, self-responsibility in manufacturing, business; expanding the scale of going doubles with efficiency, competiability and development. It ' s sustainable. There is a management mechanism, which controls the importation of technology, machinery, equipment ... of business.
Define specific and clear the powers, the responsibilities of the Council of members, the General Manager/Corporate Director in management, use of capital, state assets to secure the right to proactively produce, business and preserve, enhance the efficiency of capital use, property.
Finalization of investment mechanisms, state capital business enters the business and financial management of the business and the mechanism of distribution of profit in the enterprise according to market mechanisms.
There is a publication regime, transparency of financial statements, financial information, business, operating the economic group, the state corporation, and strengthening the accountability of the Council of members and the Executive Board.
Complete the legal framework on the state economic corporation. Having its own decree on the organization and operation of each economic conglomerate, the state company 's total is particularly important to enhance the legalization, enhance surveillance, inspection of state-owned owners and economic corporations, the company' s total operating state company, and its operations. It's more effective.
To complete the financial mechanism for manufacturing, product supply, utility services, defense, security assurance workers have a reasonable level of income, interest-based businesses, which attract the resources of the participating society. Expansion of order mode, production bidding, product supply, utility service.
Continuing to innovate the wage management mechanism, the reward money for business is actually actively in pay, payback tied to labor productivity, manufacturing efficiency, business; ensuring the benefits of the State, business, workers; attract, and more. You know, labor has a high level of work.
b) promote the restructuring of the state enterprise
Revised, supplemalizing the provisions of the shares, sale, delivery, dissolution, business bankruptcy. The focus is on how difficult it is, especially in terms of enterprise pricing, financial processing, debt, land, regime for workers ... and preventing property failure.
Issuing regulations, instructs the implementation of the business in the industry, the non-discriminated field, the governing body.
Developing the financial market, especially the stock market, bought the debt to promote the shares, facilizing the business to reach and mobilize the capital. The total end of the debt treatment of the state business, rectify the debt of pickles, the use of unhealthy capital. Evaluate and have the measure of the Company ' s acquisition, sales of debt and the accumulated assets of the business. Encouraging economic institutions to buy, sell the debt of state-owned enterprises.
In the process of implementing the restructuring of the state enterprise, the ministries, the sector, the local, the Board of Directors, the Economic Group Member Council, the state corporation, the research state corporation, proposed to the competent authority to address these issues. born, the issues that need to adjust to the institutional, mechanisms, policies, such as the cost of restructuring, the handling of debt, the regime for the worker, the tax ...
c) Instituto, the governing mechanism of state-owned owners for state enterprises.
To complete the assignment, the devolve exercises the rights, responsibilities, obligations of the state owner to the state enterprise and the state capital invested in the business. In it, the focus is to clarify the rights, responsibilities, obligations of the Government, the Prime Minister, the Department of Industry Management-the direct-to-direct department at the economic conglomerate, the state corporation, the Ministry of Finance: Finance, Planning and Investment, Interior, Labor-Trade Soldiers and Socialists and members of the board, the Board of Directors-is the owner of the economic conglomerate, the state company in organizing, operating, monitoring, inspection, inspection of objectives, business manufacturing tasks, investment development; management, using, preserving, developing capital, evaluating the management staff and the operational efficiency of the state-owned enterprise. At the same time, the institution for organizations, individuals to perform effective rights, responsibilities, obligations, devolve. The establishment of the agency to perform effective monitoring, inspection, management use, conservation, capital development and investment assessment of state capital investment in the enterprise.
Issuing oversight mechanisms, testing, evaluating the effectiveness of activities of organizations, individuals who exercise the rights, the obligations of the owner of the state.
Build the selection mechanism, appoint the right cadre, hire General Manager, chief executive officer, member of the Board of Directors, Board of members.
1. Continue to deepen its views, objectives, duties, arrangements, innovation, development, and enhance the efficiency of the state enterprise according to the Resolve Central Committee and Conclusions Of The Politburo ' s conclusions, which make a high consensus in the whole system. politics to raise more awareness and take decisive action, in particular.
2. An emergency to complete approval of the arrangement method, renewing the state business to 2015 of ministries, industry, local, economic conglomerate, total state company. Determining the number, the specific list of State businesses holds 100%, holding over 75%, holding 65% to 75%, holding from over 50% to under 65% of the charter capital and other businesses. In the course of the execution, the situation base is in fact, continuing the sweep to boost the stake.
To complete the criteria, the category of business classification in the direction of a strong diversification of ownership; the identification of the sector, the sector when the share of the state-owned enterprise holds above 75%, from 65% to 75%, under 65% of the charter capital or not holding shares.
As a result of the aims of the arrangement, the shares of the business in accordance with the methodology have been approved; see this as a focus mission in the years 2012-2015. Seriously implementing the market mechanism and regulation of law in the shares, not to occur negative, property failure, influence on the rights of workers, investors, and businesses. Strengthening the listing of economic unions, total companies, large-scale state-owned enterprises have been in the market in the domestic and international markets.
3. Each economic group, the state corporation, led by the Prime Minister to form the Prime Minister; every single company, a business led by the minister, the chairman of the provincial committee, the central city of the Central Committee decided to establish a program. The Ministry, the Provincial People ' s Committee, the City of the City Project Restructuring to approve in The Third Quarter of 2012 and to implement implementation with the following key content:
a) Runder, redefining the mission, the main business profession. The economic group, the state corporation, is only business in the major industries and the related industries, the main business.
b) Construction of development strategy to 2015, vision to 2020 is consistent with industry development strategies, market needs, capital capacity, and management capacity.
c) Building a reorganization of business production, implementing a restructuring of member businesses to perform specialization, distribution, cooperation, disarray, resource dispersation, avoiding internal competition in the direction of merging, merging businesses. A business associate of business.
d) Build a financial method to implement the implementation of the primary mission assigned and dispose of the existence of finances in the restructuring process.
-End of investment in the sector, manufacturing sector, primary business before 2015. For the sectors: Banking, finance, securities, real estate, insurance, economic corporations, total state companies do in the following directions:
+ The sale of capital of the parent company-corporation/state corporation to the organization, personally outside the economic conglomerate, the state corporation, which does not sell or retransfers to the internal unit units.
+ Transfers about economic unions, state-owned companies, businesses with the right main business. The transfer of capital performs through capital transfer or capital transfer forms.
+ Transfer the entire business run by the corporation, the company holds 100% of the capital to the corporation, the company that has a business in business along with the business sector of the transfer business. Perform in the form of enterprise transfer or field transfer.
-corporations, the total state company is having financial difficulties, one face to clarify the responsibility of relevant management cadres, on the other hand needing capital restructuring, assets in the direction: The assessment of the status, determining the capital demand for additional processing mechanisms. capital that continues to implement pressing investment projects, limiting capital losses due to project time; the restructuring of assets by transfers, mergers of projects, inefficient or unfunded investments to focus resources on operations. The main business.
-Resolve, restructuring, or dissolution, bankrupt businesses that do not work, lose their losses, lose their ability to pay their debt to a specified limit.
) Pushing the link between member businesses in the economic conglomerate, the state corporation through economic contracts, interiors, regulatory processes, cooperation between the parent company with subsidiaries, company bonds; between subsidiaries, companies, companies, and corporations. Bond. The parent company of the economic conglomerate, the state company's total strengthening implementation of the development strategy function, innovation organization, management, technology, products, market development, training. Limiting the parent company, our subsidiaries invest in a business.
The parent company-corporation/general state company must hold supervising, regular examination, periodic examination of law enforcement, target execution, strategy, plan, and tasks delivered, evaluating the effectiveness of the operation of the subsidiary, the management officer. I mean, it's time to make a mistake. The full grasp of the information about the activities of the affiliated companies, through the agent is that the shareholder is involved in the decisions of the Eastern Council of the shareholders, the Board of Directors under the rule of law.
e) Apply enterprise governance principles in accordance with international corporate governance practices; complete control mechanisms, internal audits, attention to financial risk control to promptly take precautions, restraintage, remediation, and regulatory adjustment. produce, business in line; enhance capacity, power control, control, and internal audits.
The entire management machine, increased training, fostering the management of the business management process that meets the governance requirements in the market mechanism. The leadership of the leadership, management, and representative of the state capital is sufficient ethical, professional capacity to serve as a state-owned representative of the state-owned enterprise.
Apply the scientific labor organization in manufacturing, business. Rearranging, raising the quality of labor in the business; the focus is on technical workers with a reasonable amount of employment, career structure and optimal workload for each technology, chain, work, work, on that basis enhancing the productivity of each individual. the labor and labor productivity of the business.
g) actively implementing application research, investing in technological innovation, product innovation, services, each step up the increase in value for products, services, environmental standards response; gradually replacing devices, technologies that cost more energy, material, materials; each step of removing the non-friendly product with the environment to enhance business efficiency and sustainable development.
) Public implementation, transparency in investment, financial management, procurement, income distribution, job management; in the signing and implementation of contracts with those associated with the business manager under the rule of law.
4. Technical economics departments (Construction, Labor, Information and Communications, Finance, Agriculture and Rural Development, Transport) scrutinate, valuing the rationing, ability, conditions, how to reorganize, from which the building is built, and so on. The business restructuring of the business in the field of undifferentiated charge, the governing body, the Prime Minister approved in the third quarter of 2012 and directed the implementation of the implementation.
5. Ministers, Government programs, Prime Ministers or enacted by institutional jurisdiction, management mechanisms for enterprise 100% of state capital; promote enterprise restructuring and institutional restructuring, the governing mechanism of state-owned owners (in particular in the appendix). That's it.
6. Increased the responsibility of the leadership of ministries, sectors, localities, economic corporations, state companies in the implementation of restructuring, the arrangement, the shares of which have been approved; see this as important political duties. Any unit that does not have to do is to take a test, clarify the cause, who is responsible and is responsible to the Government, the Prime Minister.
IV. THE ORGANIZATION.
1. Ministry of Finance:
a) Chair, in collaboration with the Innovation Innovation Board and Corporate Development of the ministries of the ministries, the industry, the People's Committee of the Provinces, the Central City of Central, the Economic Corporation, the state-owned company's total implementation of the decision making this decision.
b) The guide, tracking, examination of the implementation of this Decision. The general quarterly reports of the Prime Minister's report. It's time to start dealing with problems.
c) Joining the opinion to the Ministry of Industry regulators, the Provincial People 's Committee, approving the restructuring of the corporation, the state enterprise led by the Minister, the Chairman of the Provincial People' s Provincial Committee decided to establish.
2. The ministers, peer-to-peer authority:
a) The decision to restructure the restructuring of the economic corporations, the state corporation, decided by the Prime Minister. Check, foreman, oversee the execution after the project is approved.
b) The direction of construction, approval, inspection, and the oversight of the implementation of the Company's restructuring project, the state enterprise was established by the Ministry of Decision.
c) The quarterly valuation of the Prime Minister of the Government results in implementing this Decision and the restructuring of the economic consortium, the state corporation within the management range; sending the Ministry of Finance to jointly report the Prime Minister's report.
d) In coordination with the Ministry of Finance, the Board of Innovation and Enterprise Development in the implementation of this Decision.
3. Chairman of the People ' s Committee of the provinces, the Central City of Central City:
a) The direction of construction, approval, inspection, and general inspection of the implementation of the restructuring of the company's restructuring, the state enterprise was decided by the Provincial People's Committee.
b) The quarterly valuation of the Prime Minister results in the execution; sending the Ministry of Finance to joint the General Government report.
c) The Chair, in collaboration with the Ministry of Finance, Board of Innovation and Enterprise Development in the implementation of this Decision.
4. Council of members of the economic corporations, the state corporation, led by the Prime Minister, decided to establish a restructuring of the restructuring project, the Prime Minister approved and organized; the completion of the shares, arranged businesses into the city. According to the 2011-2015 overall phase of the project, it was approved.
5. Corporate membership, state business chaired by the Minister, the Chairman of the Provincial People 's Committee decided to establish a restructuring of the restructuring project, the Minister, the Chairman of the Provincial People' s Committee approx and organizing the implementation; completion of the project. arrangement, the shares of member units of the 2011-2015 period according to the approved method.
6. Economic Group Member Council, Corporate Corporation periodically quarterly reports Ministry of Finance, Board of Innovation and Corporate Development, Ministry of Industry Management and Provincial People's Committee results in implementing a restructuring project.
7. Minister of Planning and Investment, Minister of Internal Affairs, Minister of Labour-Trade and Social Affairs, in coordination with the Ministry of Industry Management, Ministry of Finance in the deployment of the duties of the scope, the field of management; participation in the opinion of each Recycling Project. The structure of the economic conglomerate, the state corporation; the quarterly valuation of the situation and the results of the implementation of this decision to send the Ministry of Finance to report the Prime Minister.
8. The Innovation and Development Leadership Board that leads the Prime Minister to direct the decision to implement the decision and the Project to restructure economic unions, the state corporation, decided by the Prime Minister, was approved by the Prime Minister.
9. Ministry of Information and Communication of Information, the propaganda is widely disseminable.
What? 3. Ministers, Chief Executive Officer, Head of the Government of the Government, Chairman of the People ' s Committee of the Provinces, the Central City of China, Head of the Board of Innovation and Corporate Development, Chairman of the Council Member Council of Economic Affairs The state company and state-owned enterprises are responsible for this decision.