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Decree 32/2005/nd-Cp: Manufacturing And Supplying Products, Public Service

Original Language Title: Nghị định 31/2005/NĐ-CP: Về sản xuất và cung ứng sản phẩm, dịch vụ công ích

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GOVERNMENT DECREE on production and supply of products, GOVERNMENT public service pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on State enterprises, 26 November 2003;
According to the recommendation of the Minister of planning and investment, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates: 1. Criteria, product category, public service.
2. The establishment of the new, reorganized the Organization, management and operation of the special State companies directly serve the defense and security.
3. The reorganization of the Organization, management and operation of State-owned companies public utility missions.
4. Participation in the production and supply of products, public service of enterprises in the economic sectors and cooperative.
 
Article 2. The object of this Decree apply apply for State enterprises and enterprises in different economic components and the cooperative business, registered under the provisions of the law, has manufacturing operations and product supply, public service.
 
Article 3. The criteria defining the product, public service product, service product is determined to be public service, while at the same time meet the following conditions: 1. Is the product or services essential to economic and social life of the country, the population of a region or territory ensures defense , security.
2. The production and supply of products, this service according to the mechanism of the market will hardly likely to offset the costs.
3. State bodies have the authority to order, delivered the plan, bidding by price or charge due to state regulations.
 
Article 4. Product category, public service 1. Product category, public service provisions in the appendix attached to this Decree.
2. During each period, the Ministry of planning and investment to host, in cooperation with the relevant agencies in the Government of Prime Minister decided the amendments, additional products, public service.
 
Article 5. The method of product supply, public service and selection principles 1. The production and supply of products, public service defined in list A of the appendix attached to this decree by the special State companies directly serve the defense, security (hereinafter referred to as defence companies, security) made according to method of order or delivery of the plan.
2. The production and supply of products, public service defined in list B of the appendix attached to this Decree: a) by the company to the State public utility missions follow the ordering method or plan;
b) due to the non-State enterprises in art. 2 of this, businesses of different economic components and the cooperative follow the ordering method.
3. The manufacture and supply of products, public service defined in list C of the appendix attached to this Decree, due to State enterprises and enterprises in different economic components and the cooperative follow the bidding method or order.
4. With regard to the product, public service can follow two methods, the choice of the method of providing public service, products made according to the following order of priority: a) the tender;
b) order;
c) Delivery Plan.
 
Article 6. Rights and obligations of the participating enterprises producing and supplying products, public service 1. For businesses of all economic sectors and cooperatives: a) made the signing of the contract and economic accounting as prescribed by law; responsible to the customer and before the law about the product, its public service provision;
b) provide sufficient quantities of the product, public service, ensuring the right quality, the right audience and the right time;
c) State payment rates or charges have been competent State agencies approved;
d) assistance and create favorable conditions for the production and supply of products, public service as defined by the State.
2. for companies: in addition to the rights and obligations of the participating enterprises producing and supplying products, public service prescribed in paragraph 1 of this article, the State companies are entitled to the rights and obligations provided for in paragraph 1, item 2, item 3, clause 4 and clause 5 article 19 on State Business Law and regulation at the financial management of the the State company and the State capital management investments in other businesses.
CHAPTER II SECURITY defense COMPANIES article 7. Defence companies, security 1. Defense, security companies are State-owned companies designed, established investment to directly perform the task of bringing stability, often in those areas, directly serving the defense, security and ensure national secrets, by the State order or delivery of the plan.
2. The criteria to be recognised as defence companies, security companies, security must meet the following criteria: a) Is the competent State authorities decided to establish under the provisions of the law with respect to state-owned companies;
b) State order or stability plan, regular production, supplying one or several products, public service, made the task of Defense and security as defined in list A of the appendix attached to this Decree.
 
Article 8. The new defense company founded, establishing the new security defense, security companies follow government regulations regarding the new establishment, reorganization, dissolution of the company to the State and the relevant guidance documents.
Depending on the nature, tasks, the Minister of national defence, Minister of public security, the head of the Government body decided to Board members appraised of the project to establish a new defense company, security.
 
Article 9. The company arranged the defense and security 1. To base the criteria prescribed in clause 2 article 7 of this Decree, the Minister of national defence, Minister of public security, the head of the Government body to review the decision to recognize each company among its State companies to manage the company's defense, security and then annually review recognized, for the company has been recognized as national defense, security companies, the Prime Minister's report and inform the Ministry of planning and investment, Ministry of finance.
2. for those companies not recognized as defense, security company, then make the arrangements under the criteria, the company catalog of State and members of independent accounting State Corporation by the Prime Minister promulgated and according to arrangement schemes of State enterprises was approved by the Prime Minister.
3. Merging, merging, splitting, dissolution of the national defense, security companies follow government regulations.
 
Article 10. Corporate management organization of Defense, security, defense and security companies have a management organization structure consists of: the Director General or Director and assisting apparatus.
The Director General or Director, Deputy Director or Associate Director, Chief Accountant and the other important management titles, these titles relate directly the task of defence, security, secrecy in national defense, security company in the payroll of the Ministry of defence, the Ministry of public security , A government body.
The Minister of national defence, Minister of public security, the head of the Government body guide the implementation of the provisions of this Article.
 
Article 11. Order or delivery plan for defence companies, Security Minister of defence, Minister of public security, the head of the Government body to order or production planning and product supply, public service, made the task of Defense and security for the defense companies, security.
 
Article 12. The rights and obligations of defence companies, security

In addition to the rights and obligations of enterprises involved in manufacturing and supplying products, public service prescribed in clause 1 and clause 2 article 6 of this Decree, the defence company, security has the following rights and duties: 1. Be enough investment capital to the State form of property serves the objective of activities directly serve the defense , security.
2. Observance of decisions of competent State agencies about the move of capital or assets to serve the objective of activities directly serve the defense and security of the company to perform the duty of Defense and security in another company in the event of need.
3. Have the right to transfer, lease, mortgage the property serves the objective of activities directly serve the defense and security of the company's management when the Agency decided to establish the company allows. The collateral value of land use rights, property of the company associated with the right to use the land serve the objective of activities directly serve the national defense, security is done according to the rules of the law of the land.
4. use the resources allocated to the organisation of production and supply of products, in addition to public service plan are allocated, additional business activities when: a) Are people who decided to establish the company allows in writing;
b) does not affect the implementation of the mission directly serving defense, security was delivered;
c) additional registry category under the provisions of the law;
d) partial accounting operations and service tax under the provisions of the law.
 
Article 13. Financial support for the national defense, security firms In operation, in addition to the General provisions on encouraging and supporting investment in accordance with the law, national defense, security companies are: 1. Free money, land use and land-use tax for land needed to be used in the direct service of time Defense , security.
2. Provision of funds for the maintenance and repair of the production line directly perform defense duties, security and support salaries for skilled workers are defined in the default editor of production lines that, in case of suspension of production that the company is not likely to offset the costs.
3. The national defense, security companies operating in the key strategic areas, combined with the economic defense was considering support and benefits reward fund 2 by 2 months to make, in case not enough sources to cite that two funds.
4. The defense company, security in the remote areas, borders, Islands or areas particularly difficult strategy are considering funding the kindergarten, education in school yet under the education system and medical funding for these places due to special conditions to maintain the hospital and infirmary.
In addition, the defence company, special security and defence companies, security operations on the geographical strategy, combined with the economic defense is entitled to the incentives and other support according to the decision of the Prime Minister.
 
Article 14. Inspect, monitor 1. Defense, security companies perform periodic report or irregularly at the request of the Minister of national defence, Minister of public security, the head of the Government body about the situation and the results of the Defense mission, security; the situation and the results of other business activities of the company.
2. The Ministry of defence, the Ministry of public security, the Government body regulating activity report mode of defence companies, security; responsible for inspecting, monitoring and supervision of the company's defense, its security management in the implementation of the right to full and the task of defence, security, other business activities as provided by law.
 
Article 15. Rights and obligations of the owners of State for defence companies, security 1. The Ministry of defence, the Ministry of public security, the Government is the body representing the owner of State for defence companies, his security establishment and be the authoritative Prime made a number of rights and obligations of the owners of State for defence companies due to security, the Prime Minister decided to establish.
2. The Minister of defence, Minister of public security, the head of the Government body appointed, dismissed, reward, or discipline, General Director, company director, Defense Security; the decision of appointment, dismissal, rewarding discipline, Deputy Director, Deputy Director, chief accountant for Defense, security company as proposed by the Director General, the Director of the company.
The Director General, Director, Defense security company appointed, dismissed, reward, or discipline other management positions within the company.
CHAPTER III the COMPANY STATE PUBLIC UTILITY MISSIONS article 16. The State company of public utility missions 1. The company made public the company's mission of State investment, designed to make the target mostly, regular and stable production and supply of the product, public service or order by the State plan.
2. the State company is recognized as the State company made public duty when meet the following criteria: a) Is the competent State authorities decided to establish under the provisions of the law with respect to state-owned companies;
b) State order or stability plan, regular production, supplying one or several products, public service defined in list B of the appendix attached to this Decree.
 
Article 17. Delivery of the plan and settled for State companies, public interest missions 1. State companies, public interest missions of planned construction of own manufacture and supply products, public service in the company's annual plan.
The General, delivered the plan made under current rules.
2. The payment products, public service with funding by the State order or delivery of the plan are as follows: a provincial people's Committee), central cities (hereafter referred to as the provincial people's Committee) made payment for the product public service, ordered or planned for State companies, public interest mission directly under the provincial people's Committee;
b) Ministry of finance, in cooperation with the Ministry of industry management to make payment for the public service, the products ordered or planned for State companies, public interest mission directly.
 
Article 18. Sort by State companies, public interest missions 1. Based on the criteria specified in paragraph 2 to article 16 of this Decree, the Secretary, the Chairman of the provincial people's Committee consideration, decided to recognize each company of the State due to his company's management company State public utility missions and then annually review recognized, for the company has been recognized as the State company made public duties, the Prime Minister's report and inform the Ministry of planning and investment, Ministry of finance.
2. for those State companies do not meet the criteria outlined in paragraph 2 article 16 of this Decree, shall make the arrangements under the criteria, the company catalog of State and independent accounting firms in State corporations Government issued by the Prime Minister and, according to the project of State business arrangement was approved by the Prime Minister.
 
Article 19. The rights and obligations of the company to the State public utility missions

In addition to the rights and obligations of enterprises involved in manufacturing and supplying products, public service prescribed in clause 1 and clause 2 article 6 of this Decree, the State company made public task has the following rights and duties: 1. Be enough investment capital to the State form of property serves the goal of producing and supplying the products , public service.
2. Observance of decisions of competent State agencies about the move of capital or assets to serve the goal of producing and supplying products, the company's public service to make the goal of producing and supplying products, public service in another company in the event of need.
3. Have the right to transfer, lease, mortgage the property serves the goal of producing and supplying products, services, public interest in the administration of the company when the Agency decided to establish the company allows. The collateral value of land use rights, property of the company associated with the right to use the land serve the goal of producing and supplying products, public service are made in accordance with the law of the land.
4. use the resources allocated to the organisation of production and product supply, utilities in addition to planning and additional business activities when: a) Are people who decided to establish the company allows in writing;
b) does not affect the implementation of the tasks assigned;
c) additional registry category under the provisions of the law;
d) partial accounting operations and service tax under the provisions of the law.
CHAPTER IV the TERMS OF IMPLEMENTATION of article 20. Effect 1. This Decree takes effect after 15 days from the date The report and replacing Decree No. 56/CP dated 8 October 1996 from the Government about the activities of State enterprises.
2. The Ministry of finance, the Ministry of defence has the responsibility to guide the implementation of this Decree.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
 
ANNEX LIST of PRODUCTS, PUBLIC SERVICE (attached to the Decree số31/2005/ND-CP dated 11 March 2005 from the Government) category A products, utilities, defense and security missions due to security, defense companies follow the ordering method or plan 1. The production of the explosive serves of Defense.
2. chemical production serves the defense.
3. Production of radioactive substances.
4. The manufacture and repair of weapons, armaments; technical equipment for Defense and security; equipment, cryptographic techniques document.
5. Print documents, political literature, specialized military for Defense and security.
6. The task of defence, special security according to the decision of the Prime Minister.
CATEGORY B products, public service by State enterprises and enterprises in different economic components and the cooperative follow the ordering method or plan 1. In money, the certificate with the price and production of metal money.
2. aircraft operating services.
3. service guarantee, including: maritime navigation, coastal information, ensuring the safety of navigation.
4. Management, maintenance of the national railway, including: bridges, roads, railway stations, railway signal information.
5. Management, aviation, port maintenance include: runway, signal information system.
6. Publish textbooks, books and magazines serve teaching and learning; published map, books, political message; publication of magazines, pictures, print serving fellow ethnic minorities; the production of newsreels, documentaries, science, films for children.
7. Management, extraction system for large-scale irrigation, including: irrigation district, Union; the shallow waterway embankment reclaimed stone.
8. Management, maintenance works, Dyke works distributed flood and disaster prevention works.
9. the Planting and protection of watershed forests, forests of special purpose, forest, forest ecology, reclaimed mangrove forests.
10. production, keeping original crop varieties and animal breeds; the production of vaccines and prevention.
11. Security Service of fisheries resources.
12. urban drainage.
13. public lighting.
14. Provide electricity to remote areas, borders, Islands.
15. Management, road maintenance, urban roads in remote areas.
16. Management, maintenance of inland waterways.
17. Operation a basic investigation of geology, hydrology, meteorology and cartography.
18. active prospecting, exploration, investigation on resources of land, water, mineral and natural resource types.
19. universal postal service, the postal service is required.
20. A number of other important areas as determined by the Prime Minister.
CATEGORY C products, public service by State enterprises and enterprises in different economic components and the cooperative follow the bidding method or order 1. Management, harnessing the irrigation systems have small and medium scale.
2. public transport services by bus in the municipality.
3. public services: public sanitation; management of the Park; cultivate and manage the care of trees, flowers, landscape, street, sidewalk, roundabout; manage the cemetery, cremated.
4. The production of feature films by State commissioned or funded.
5. Management, road maintenance system.
6. The management, maintenance, important bus ferry.
7. transport, supply of goods and services essential to serving fellow mountainous, remote areas.
8. Some products and other important services as determined by the Prime Minister.