Decision No. 37/2014/QD-TTg dated June 18, 2014 of the Government on promulgating the criteria, lists of classification of State-owned enterprises

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Issuing body:	Prime Minister	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	37/2014/QD-TTg	Signer:	Nguyen Tan Dung
Type:	Decision	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	18/06/2014	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Enterprise

SUMMARY

FROM AUGUST 06, EQUITIZING THE ENTERPRISE PRODUCING CIGARETTE

On June 18, 2014, the Prime Minister issued the Decision No. 37/2014/QD-TTg dated June 18, 2014 of the Government on promulgating the criteria, lists of classification of State-owned enterprises.

Accordingly, from June 08, classification of State-owned enterprises shall be divided into three small groups instead of one group in the previous regulations as the State holds 100% of charter capital for the enterprises operating in the following branches and fields; the enterprises carrying out the equitization, the State holds over 70% of the total share and the enterprises carrying out the equitization, the State holds from 65% to under 75% of the total share.

Accordingly, the enterprises carrying out the equitization, the State holds over 75% of the total share includes: managing, exploiting, maintaining airports; managing, exploiting national general ports, international gateway ports; managing, exploiting, and maintaining the system of road, local water way; maintaining the infrastructure system of the national railway; supplying telecom infrastructure; exploiting the minerals with large scale; exploiting and processing oil and natural gas;

The enterprises carrying out the equitization, the State holds from 65% to under 75% of the total share includes processing oil and natural gas; producing cigarette; the enterprises ensure the crucial needs for developing production and improve the material and spiritual life of the ethnic people in the mountain area, remote area; planting and processing rubber, coffee, planting and managing artificial forest at the strategic areas, mountainous and remote areas attached with the national defense and security; the enterprises that have role to ensure major balances of the economy, market stabilization in the following sectors and fields; air transportation and power distribution.

This Decision takes effect on August 06, 2014 and replaces the Decision No. 14/2011/QD-TTg dated March 04, 2011.

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THE GOVERNMENT

Decision No. 37/2014/QD-TTg dated June 18, 2014 of the Government on promulgating the criteria, lists of classification of State-owned enterprises

Pursuant to the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the Business Law dated November 29, 2005;

Pursuant to the Decree No. 99/2012/ND-CP dated November 15, 2012 of the Government on assignment, decentralization of the implementation of the rights, responsibilities and obligations of state owner for the state owned enterprises and state capital invested in the enterprises

Pursuant to the Decree No. 71/2013/ND-CP dated July 11, 2013, on investment of state capital in enterprises and financial management of enterprises of which 100% charter capital is held by the State;

At the proposal of the Ministry of Planning and Investment,

The Prime Minister promulgates the Decision on the criteria, lists of classification of State-owned enterprises.

Article 1. Promulgating together with this Decision the criterion, list of classification of state-owned enterprises

Article 2. Scope and subject of application

1. Scope of application

The criteria, lists of classification of State-owned enterprises promulgated together with this Decision are the basics to classify and enhance the classification, renovation of existing state-owned enterprises.

2. Subject of application

a) One-member limited liability companies established by the Prime Minister, Ministers, Heads of ministerial-level organs, Heads of governmental organs, presidents of provincial/municipal People's Committee, member Council, state owned economic group and corporations.

b) Joint-stock companies, limited liability Company with two or more members whose shares are held over50% of the current total shares by ministries, ministerial-level organs, governmental agencies, provincial/municipal People's Committees, member Council, state owned economic group and corporations.

Article 3. Implementation organization

Ministries, ministerial-level organs, governmental organs, provincial/municipal People's Committee, member Council, state owned economic group and corporations based on this Decision shall be liable:

1) To review, classify, supplement the solutions to classifying state owned enterprises in the 2014 – 2015 period and build the solutions to classifying in the next period, submitting to the Prime Minister in Quarter III – 2014.

2) To decide or submit to the competent agency for decision on adjusting the ratio held by the state when implementing the equitization of the enterprises approved by the Prime Minister in the 2011 – 2015 period.

3) To build the roadmaps based on the current situation and organize the sale of state owned shares at Joint Stock Companies and limited liability Company with two or more members.

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Decision No. 37/2014/QD-TTg dated June 18, 2014 of the Government on promulgating the criteria, lists of classification of State-owned enterprises

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