On July 25, 2024, the Government issues the Decree No. 97/2024/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 10/2019/ND-CP dated January 30, 2019, on the exercise of rights and performance of responsibilities of the state owner’s representatives.
Firstly, the owner’s representative agencies shall exercise rights and perform the responsibilities of the state owner’s representatives by the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and other relevant laws for:
- Enterprises established under decisions of the owner’s representative agencies;
- Enterprises assigned to the owner’s representative agencies for management or for acting as the owner’s representatives, including also enterprises established under the Prime Minister’s decisions before the effective date of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and not on the List provided in Appendix I to this Decree;
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- State capital amounts invested in joint-stock companies or limited liability companies with two or more members.”
Besides, based on the size of an enterprise, the owner’s representative agency shall decide to establish a Supervisory Board composed of between 1 supervisor and 5 supervisors. If the Supervisory Board has only 1 supervisor, this supervisor may concurrently act as the Head of the Supervisory Board and must satisfy the criteria for the Head of the Supervisory Board.
This Decree takes effect on September 10, 2024.