Decision 17/2024/QD-TTg amend Decision 26/2021/QD-TTg promulgating the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies

DECISION

Amending and supplementing a number of articles of the Prime Minister's Decision No. 26/2021/QD-TTg dated August 12, 2021, 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 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 Law on Promulgation of Legal Documents dated June 22, 2015, and the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

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 promulgates the Decision amending and supplementing a number of articles of the Prime Minister's Decision No. 26/2021/QD-TTg dated August 12, 2021, promulgating the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies.

Article 1. Amending and supplementing a number of articles of the Prime Minister's Decision No. 26/2021/QD-TTg dated August 12, 2021, promulgating the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies, as follows:

1. To amend and supplement Clause 1 Article 2 of Decision No. 26/2021/QD-TTg as follows:

“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:

a) Exploitation, production, and supply of clean water; urban and rural drainage;

b) Technical inspection of occupational safety;

c) Construction inspection;

d) Technical inspection of motor vehicles, inland waterway vessel (except for registration of sea-going ships and marine constructions).”

2. To amend Point a Clause 1 Article 3 of Decision No. 26/2021/QD-TTg as follows:

“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 unit value) that satisfy conditions as prescribed in Clause 1 Article 4 of Decree No. 150/2020/ND-CP, and belong to the sectors and fields specified 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 of 2021-2025 in the fourth quarter of 2024.”

3. To amend and supplement Point c Clause 1 Article 3 of Decision No. 26/2021/QD-TTg as follows:

“c) Report to the Prime Minister for consideration and decision in cases of failure to comply with Article 2 of this Decision (and at the same time, send reports to the Ministry of Planning and Investment).”

4. To amend Clause 2 Article 3 of Decision No. 26/2021/QD-TTg as follows:

“2. District-level People’s Committees, the Members’ Council or company presidents of enterprises of which 100% charter capital is 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 of public non-business units in charge of reviewing the affiliated public non-business units that satisfy the conditions specified in Clause 1 Article 4 of Decree No. 150/2020/ND-CP and belong to the sectors and fields specified in Article 2 of this Decision, shall send reports to ministries, ministerial-level agencies, government-attached agencies, provincial-level People's Committees, Vietnam National University - Hanoi, and Vietnam National University - Ho Chi Minh City for summarization and submission 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.”

5. To add Clause 1a to Article 4 of Decision No. 26/2021/QD-TTg as follows:

“1a) To review and give opinions for the cases reported by ministries and agencies under Point c Clause 1 Article 3 of this Decision before submission to the Prime Minister for decision.”

6. To add Clause 1a to Article 5 of Decision No. 26/2021/QD-TTg as follows:

“1a) For public non-business units that have been successfully transformed into joint-stock companies (being granted with the certificate of registration of an enterprise operating in the form of a joint-stock company for the first time) before the effective date of Decision No. 26/2021/QD-TTg, in which the rate of capital held by the State is lower than the one prescribed in Article 2 of this Decision, the current State holding rate shall remain the same, unless otherwise approved for appropriate modification by the Prime Minister in accordance with Article 2 of this Decision.”

Article 2. Effect

This Decision takes effect from December 10, 2024./.