Decision 26/2021/QD-TTg list of sectors in which public non-business units shall be transformed into joint-stock companies

DECISION

Promulgating the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies

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Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law Amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Government’s Decree No. 150/2020/ND-CP dated December 25, 2020, on transformation of public non-business units into joint-stock companies;

At the proposal of the Minister of Planning and Investment;

The Prime Minister hereby issues the Decision promulgating the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies.

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Decision promulgates the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies and ratio of shares held by the State at enterprises after transformation.

2. Subjects of application

Public non-business units, organizations and individuals prescribed in Article 2 of the Government’s Decree No. 150/2020/ND-CP dated December 25, 2020 on transformation of public non-business units into joint-stock companies (hereinafter referred to as the Decree No. 150/2020/ND-CP).

Article 2. The list of sectors and fields in which public non-business units shall be transformed into joint-stock companies and ratio of shares held by the State in enterprises after transformation

1. The list of sectors and fields in which public non-business units shall be transformed into joint-stock companies and the State holds over 50% of charter capital in that joint-stock companies: Exploitation, production, and supply of clean water; urban and rural drainage.

2. The list of sectors and fields in which public non-business units shall be transformed into joint-stock companies and the State holds from 50% or less of charter capital or does not hold shares in these joint-stock companies; when initial offering of shares, the State holds from over 35% to 50% of charter capital to ensure its role, stabilize the organization and maintain the quality of services provided after equitation:

a) Environmental sanitation, wastewater treatment;

b) Public lighting;

c) Consultancy services in the fields such as: urban planning, accounting, auditing, taxation, valuation, market research, social opinion polls, business management consulting;

d) Technical support services for scientific and technological research; services related to intellectual property, technology transfer, technical standards and regulations, measurement and quality of products and goods; information services, consultancy, training, fostering, dissemination and application of scientific and technological achievements in socio-economic fields;

dd) Labor market information services, employment services, supporting the development of labor relations, sending Vietnamese guest workers abroad under contract (except employment service centres under the Department of Labor, Invalids and Social Affairs in central-affiliated cities and provinces and under the Ministry of Labor, Invalids and Social Affairs);

e) Management and maintenance of road systems;

g) Management and maintenance of wharves and car stations;

h) Driving training and testing (not organized under school model);

i) Business in premises for trade fairs, trade promotion, and investment;

k) Services of supporting and providing market information, and promotion of tourism;

l) Real estate management; management of markets, shopping malls;

m) Business of guest houses, motels; short-term stay and meeting services;

n) Development of infrastructure of industrial parks, industrial clusters; supporting services in industrial parks, industrial clusters (except the field of land fund development).

Article 3. Responsibilities of ministries, ministerial-level agencies, government attached agencies, provincial-level People’s Committees, related organizations and individuals

1. Ministries, ministerial-level agencies, government attached agencies, provincial-level People’s Committees, the Vietnam National University, the Vietnam National University of Ho Chi Minh City and related organizations and individuals shall:

a) Review public non-business units under their management (including approved public non-business units in the list of public non-business units that shall be transformed into joint-stock companies in the period before 2021 without deciding to announce the value of the unit) that satisfy conditions as prescribed in Clauses 1, 2 Article 4 of the Decree No. 150/2020/ND-CP and under sectors and fields in Article 2 of this Decision, submit to the Prime Minister for approval of the list of public non-business units that shall be transformed into joint-stock companies in the period 2021-2025 in the fourth quarter of 2021.

b) Review and report to the Prime Minister for approval of the roadmap and ratio of state capital to be divested at the enterprise after transformation (completed the settlement and handed over between the public non-business unit and the joint-stock company), ensuring that the ratio of shares held by the State is in compliance with Article 2 of this Decision.

c) Report to the Prime Minister for consideration and decision in cases of failure to comply under Article 2 of this Decision.

2. District-level People’s Committees, the Members’ Council or company presidents of enterprises  with 100% charter capital held by the State; public non-business units under ministries, ministerial-level agencies, government attached agencies; public non-business units under specialized agencies and other administrative organizations of the provincial-level People's Committees; the superior public non-business units shall be responsible for reviewing the affiliated public non-business units that satisfy the conditions specified in Clauses 1, 2 Article 4 of the Decree No. 150/2020/ND-CP and under sectors and fields in Article 2 of this Decision; reporting to ministries, ministerial-level agencies, government attached agencies, provincial-level People's Committees, Vietnam National University, Vietnam National University of Ho Chi Minh city to synthetic, submit to the Prime Minister for approval the list of public non-business units that shall be transformed into joint-stock companies in the 2021-2025 period under Point a Clause 1 Article 3 of this Decision.

Article 4. Responsibility of the Ministry of Planning and Investment

1. To assume the prime responsibility for, and coordinate with ministries, provincial-level People's Committees and related agencies in studying and evaluating the policy of equitation and the ratio of shares held by the State in enterprises when transformation public non-business units in the following sectors and fields such as technical inspection of occupational safety, construction inspection, technical inspection of motor vehicles, water vehicles, production and storage of original seeds of plants and animals, etc.; report to the Prime Minister for consideration and decision to implement uniformly nationwide in November 2021.

2. To implement responsibilities in accordance with Point b Clause 10 Article 39 of the Decree No. 150/2020/ND-CP.

Article 5. Responsibility of implementation

1. This Decision takes effect from October 01, 2021 and replaces the Prime Minister’s Decision No. 31/2017/QD-TTg dated July 17, 2021, on criteria and the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies.

2. Ministers, heads of ministerial-level agencies, heads of government attached agencies, chairpersons of provincial-level People’s Committees, Director of Vietnam National University, Director of Vietnam National University of  Ho Chi Minh City, Chairpersons of district-level People’s Committees, Chairperson of the Members’ Council or company presidents of enterprises with 100% charter capital held by the State and the heads of the superior public non-bussiness units the shall implement this Decision./.

For the Prime Minister

The Deputy Prime Minister

Le Minh Khai