Decree No. 10/2019/ND-CP the exercise of rights and responsibilities of the state owner’s representatives

DECREE

On the exercise of rights and performance of responsibilities of the state owner’s representatives^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2014 Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

Pursuant to the November 26, 2014 Law on Enterprises;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree on the exercise of rights and performance of responsibilities of the state owner’s representatives.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the exercise of rights and performance of responsibilities of the state owner’s representatives under the Law on Management and Use of the State Capital Invested in Production and Business at Enterprises.

Article 2. Subjects of application

1. State owner’s representatives at enterprises where the State holds 100% charter capital and state capital portions at joint-stock companies or limited liability companies with two or more members.

2. Enterprises with 100% charter capital held by the State.

3. Other agencies, organizations and individuals involved in the investment, management and use of state capital at enterprises.

Article 3. State owner’s representatives

1. The Government shall uniformly exercise rights and perform responsibilities of the state owner’s representatives in the investment of state capital in enterprises and the management of state capital at enterprises in accordance with the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and other relevant laws.

2. The Prime Minister shall exercise rights and perform responsibilities of the state owner’s representatives in accordance with the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and other relevant laws.

3. The owner’s representative agencies shall exercise rights and perform responsibilities of the state owner’s representatives at enterprises established under their decisions or assigned to them for management and exercise rights and perform responsibilities of the state owner’s representatives with regard to state capital portions invested in joint-stock companies or limited liability companies with two or more members in accordance with the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and other relevant laws.

4. The owner’s representatives shall directly exercise rights and perform responsibilities of the state owner’s representatives at enterprises in accordance with the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and other relevant laws.

Article 4. Owner’s representative agencies

1. The Committee for Management of State Capital at Enterprises shall act as the owner’s representative agency of enterprises with 100% charter capital held by the State and state capital portions invested in enterprises under the Government’s regulations.

2. Ministries, ministerial-level agencies and government-attached agencies (below collectively referred to as ministries), and People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees) shall act as the owner’s representative agencies of:

a/ Enterprises with 100% charter capital held by the State and state capital portions invested in enterprises established under decisions of ministries or provincial-level People’s Committees or assigned to them for management and not subject to transfer to the Committee for Management of State Capital at Enterprises and the State Capital Investment Corporation as prescribed by law;

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