VietnameseResolution No. 10/NQ-CP dated February 23, 2010 of the Government promulgating the Government's promulgating action for realization of the National Assembly's Resolution No. 42/2009/QH12 on enhancement of the effect and effectiveness of implementation of policies and Laws on management and use of state capital and assets at state-run groups or corporations
ATTRIBUTE
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 10/NQ-CP | Signer: | Nguyen Tan Dung |
| Type: | Resolution | Expiry date: | Updating |
| Issuing date: | 23/02/2010 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Enterprise , Policy |
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No.: 10/NQ-CP | Hanoi, February 23, 2009 |
RESOLUTION
PROMULGATING THE GOVERNMENT'S PROMULGATING ACTION FOR REALIZATION OF THE NATIONAL ASSEMBLY'S RESOLUTION NO. 42/2009/QH12 ON ENHANCEMENT OF THE EFFECT AND EFFECTIVENESS OF IMPLEMENTATION OF POLICIES AND LAWS ON MANAGEMENT AND USE OF STATE CAPITAL AND ASSETS AT STATE-RUN GROUPS OR CORPORATIONS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the National Assembly's Resolution-No. 42/2009/QH12 of November 27, 2009, on enhancement of the effect and effectiveness of implementation of policies and laws on management and use of state capital and assets at state-run groups or corporations;
At the proposal of the Minister- Director of the Government Office,
RESOLVES:
Article 1. To promulgate together with this Resolution the Government's program of action for realization of the National Assembly's Resolution No. 42/2009/QH12 of November 27, 2009, on enhancement of the effect and effectiveness of implementation of policies and laws on management and use of state capital and assets at state-run groups or corporations.
Article 2. This Resolution takes effect after its signing.
Article 3. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, chairmen of provincial/municipal People's Committees and chairmen of the Boards of Directors of state-run groups or corporations shall implement this Resolution.
| ON BEHALF OF THE GOVERNMENT PRIME MINISTER
NGUYEN TAN DUNG
|
GOVERNMENT'S PROGRAM OF ACTION
For realization of the National Assembly's Resolution No. 42/2009/QH12 on enhancement of the effect and effectiveness of implementation of policies and laws on management and use of state capital and assets at state- run groups or corporations
(Promulgated together with the Government's Resolution No. 10/NQ-CP of February 23, 2010)
The XIIth National Assembly adopted at its 6th session Resolution No. 42/2009/QH12 of November 27, 2009, on enhancement of the effect and effectiveness of implementation of policies and laws on management and use of state capital and assets at state-run groups or corporations. In order to realize the National Assembly's Resolution, the Government has formulated its program of action with the following principal contents:
I. MAJOR TASKS
1.To further review, amend, supplement and finalize legal documents on the management of enterprises; the management and use of state capital and assets as well as land at state-run groups or corporations; and on the renewal, reorganization and equitization of enterprises with 100% state capital.
To draft a law on the use of state capital and assets invested in business and amend and supplement relevant laws for submission to the National Assembly for promulgation. Pending such law, the Government has promulgated the Decree on state capital management, investment and dealing.
To study for early separation of the function of exercising the state-owner's rights from the function of state administration of state administrative agencies; to clearly distinguish the owner rights from the enterprises' rights to business autonomy; to respect enterprises' rights to business autonomy and accountability. To finalize the mechanism on decentralization of the exercise of state-owner's rights and obligations on the principle of one focal point taking the prime responsibility for monitoring and summing up the management and use of state capital and assets and analyzing and assessing the state enterprises' production and business efficiency.
2. To review, analyze and evaluate in a comprehensive manner the efficiency of the model of state-run economic group or corporation, and necessarily the position and role of each group or
corporation in the national economy, technical and economic branch; the organizational, managerial and operational model; the business efficiency; the state management and supervision of state-run groups and corporations.
To promulgate the Charter on organization and operation of newly established economic groups; to amend and supplement charters of various groups to comply with the Government’s Decree No. 101/2009/ND-CP of Number 5, 2009, experimenting the establishment, organization, operation and management of state- run economic groups.
To resolutely reorganize state corporations operating inefficiently with accumulate losses over years and incapability to restore their business operation; at the same time, to clarify the responsibilities of collectives and individuals for letting the corporations suffer losses and handle them according to law.
To finally review the debt handling the state enterprise sector and find out effective measures to handle the state of bad debts.
3. To identify sectors and domain in which state-run economic groups or corporations are needed within 5 or 10 years to come and those in which the State needs to hold 100% capital or the controlling stake in parent companies
To reorganize state corporation and state companies for formation of state-run corporations which are powerful enough to lead the economy and occupy greater and greater positions and roles, being capable of competing with enterprises in the region and the world.
4. To speed up the reorganization, renewal and equitization of state enterprises. To elaborate
appropriate regulations and modes for efficient equitization of state-run economic groups and
corporations.
5. To revise business lines, portfolios and organizational structures of groups and corporations for adjustment to ensure that groups and corporations conduct multi-sector business but concentrate on their main production and business lines while carefully selecting other business lines on the basis of bringing into play their respective potential and advantages with a given proportion of investment capital.
6. To specify the regimes of reporting, publicity and transparency of operation results, including the distribution of profits of state-run groups or corporations, based on the clearly defined criteria which serve as bases for examination, control, inspection and supervision.
To clearly define criteria for selection of personnel- for management of groups or corporations, the rights, responsibilities and interests;3aeasures to handle violations; specific mechanics of commendation and disciplining.
7. To study and formulate mechanism of renewal of wage and bonus management in state-run groups or corporations, giving autonomy to enterprises and harmonizing the interests of the State, enterprises and laborers; to elaborate regulations; on wages and bonuses applicable to managers-of the state capital portions at enterprises with state capital.
8. To preliminarily review and evaluate the organization and operation model of the State Capital Investment Corporation; to finalize the mechanism on representatives of the state capital portions on the basis of clarifying their legal status and relations with capital management agencies and state management agencies, and identifying the key personnel body managing the contingent of these officials. To amend and supplement legal provisions for appropriate adjustment of the particular operations of the State Capital Investment Corporation.
II. ORGANIZATION OF IMPLEMENTATION
Based on the above principal tasks and work contents and the enclosed appendix, and depending on their respective assigned functions and tasks, ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairmen of provincial/municipal People's Committees and chairmen of the Boards of Directors of state-run groups or corporations shall immediately organize the implementation of this program of action to ensure the timely and efficient realization of the contents of the National Assembly's Resolution No. 42/2009/ QH12 of November 27, 2009.
The Ministry of Finance shall assume prime responsibility for, and coordinate with concerned agencies in, making the Government's report on implementation of policies and laws on management and use of state capital and assets at state-run groups or corporations, to be presented before the XIIth National Assembly at its 8th session.
The Steering Committee for Enterprise Renewal and Development shall monitor and urge ministries, sectors, localities, state-run groups and corporations in the implementation of this program of action; report to the Government, the Prime Minister and concerned agencies on proposed necessary measures to ensure that the program is synchronously and effectively implemented according to schedule.
| ON BEHALF OF THE GOVERNMENT PRIME MINISTER
NGUYEN TAN DUNG
|
Appendix
GOVERNMENT'S PROGRAM OF ACTION FOR REALIZATION OF THE NATIONAL ASSEMBLY'S RESOLUTION No. 42/2009/QH12 ON ENHANCEMENT OF THE EFFECT AND EFFECTIVENESS OF IMPLEMENTATION OF POLICIES AND LAWS ON MANAGEMENT AND USE OF STATE CAPITAL AND ASSETS AT STATE-RUN
GROUPS AND CORPORATIONS
(Promulgated together with the Government's Resolution No. 10/NQ-CP of February 23, 2010)
No. | Jobs | Managing agencies | Coordinating agencies | Completion time | Product | ||||||
1 | Reviewing, amending, supplementing legal documents on management of enterprises; management of state capital and assets and land at state-run groups or corporations; on renewal, reorganization and equitization of enterprises with 100% state capital |
|
|
|
| ||||||
a/ | Amending and supplementing Decree No. 132/2005/ND-CP of October 20, 2005, on the exercise of the state-owner's rights with regard to state companies and Decree No. 86/2006/ND-CP of August 21, 2006, amending and supplementing a number of articles of Decree No. 132/2005/ND-CP which clearly defines: | Ministry of Planning and Investment
| Ministry of Finance, Ministry of Justice, Steering Committee for Renewal and Development of Enterprises
| Second quarter of 2010
| Draft decree replacing Decree No. 132/2005/ND-CP of October 20, 2005, and Decree 2006, amending and a number of articles of Decree No. 132/2005/ND-CP | ||||||
| - Mechanism on decentralization of exercise of the. state-owner’ s rights and obligation; - Proposing a key body taking the prime responsibility for and performing the tasks of monitoring, summing up the management and use of state capital and assets, and analyzing, and evaluating the state enterprises' production and business efficiency; - The exercise of the rights and obligations of the state-owner, state-run groups, corporations, parent companies with contributed capital in other enterprises. |
|
|
|
|
| |||||
b/ | Amending, supplementing Decree No. 109/2007/ND-CP of June 26, 2007, on transformation of enterprises with 100% state capital into joint stock companies | Ministry of Finance | Concerned ministries and sectors | Second quarter of 2010 | Draft decree amending and supplementing Decree No. 109/2007/ND-CP of June 26, 2007. |
| |||||
c/ | Amending and supplementing Decree No. 09/2009/ND-CP of February 5, 2009, promulgating the Regulation on financial management of state companies and management of state capital invested in other enterprises in accordance with the Enterprise Law, which provides for: | Ministry of Finance | State Bank of Vietnam, Steering Committee for Renewal and Development of Enterprises | Second quarter of 2010 | Draft decree amending and supplementing Decree No. 09/2009/ND-CP of February 5, 2009 |
| |||||
| - The rate of investment outside the principal business lines applicable to the model of state-run group or corporation - The proportion of borrowed capital to owner capital of state-run groups or corporations, ensuring the financial safety of state-run groups or corporations |
|
|
|
|
| |||||
0/ | Amending and supplementing Decision No. 38/2007/QD-TTg of March 20, 2007, promulgating the criteria for classification and list of enterprises with 100% state capital | Ministry of Planning and Investment | Concerned ministries and sectors | Third quarter of 2010 | Draft decision replacing Decision No. 38/2007/QD-TTg of March 20, 2007 |
| |||||
d | Amending and supplementing Decree No. 31/2005/ND-CP of March 11, 2005, on production and provision of public-service products | Ministry of Planning and Investment | Concerned ministries and sectors | Fourth quarter of 2010 | Draft decree replacing Decree No. 31/2005/ND-CP of March 11, 2005 |
| |||||
f/ | Amending and supplementing Decision No. 256/2006/QD-TTg of November 9, 2006, promulgating the Regulation on bidding for order placement and plan assignment for production and provisions of public-service products | Ministry of Planning and Investment
| Concerned ministries and sectors
| Fourth quarter of 2010 | Draft decision replacing Decision No. 256/ 2006/QD-TTg of November 9, 2006 |
| |||||
g/ | Amending and supplementing Decision No. 224/2Q06/QDrTTg of October 6. promulgating the Regulation on supervision and appraisal of operation effectiveness of state enterprises | Ministry of Finance
| Concerned ministries and sectors
| Third quarter of 2010
| Draft decision amending and supplementing Decision No. 224/2006/QD-TTg of October 6, 2006 |
| |||||
2 | The scheme on separation of the state agencies' state-owner representation function from state management function | Ministry of Planning and Investment | Ministry of Finance, Ministry of Home Affairs, Government Office and concerned agencies | July 2011 | Scheme to be submitted to the Government |
| |||||
3 | The decree on state capital management, investment and dealing | Ministry of Finance | Ministry of Justice, Ministry of Planning and Investment | Second quarter of 2010 | Draft decree |
| |||||
4 | Revising business lines, portfolios and organizational structure of groups, corporations | Sector- or domain-managing ministries, provincial-level People's Committees, that manage state-run groups or corporations | Ministry of Planning and Investment, Ministry of Finance | Second quarter of 2010 | Government report |
| |||||
5 | Amending and supplementing the Charter of economic groups to comply with Decree No. 101/2009/ND-CP of November 5, 2009, experimenting the establishment, organization, operation and management of state-run economic groups | Economic groups | Steering Committee for Renewal and Development of Enterprises | First quarter of 2010 | Draft charter submitted to the Prime Minister |
| |||||
6 | Reviewing, analyzing and comprehensively appraising the effectiveness of the model of state-run economic group and corporation | Ministry of Planning and Investment | Ministry of Finance, Steering Committee for Renewal and Development of Enterprises | September 2010 | Government report |
| |||||
7
| Preliminarily reviewing the economic group model | Steering Committee for Renewal and Development of Enterprises | Ministry of Planning and Investment, Ministry of Finance | September 2010 | Preliminary review report submitted to the Government |
| |||||
8 | The scheme on reorganization of state corporations operating inefficiently, suffering accumulative losses for many years, being incapable of restoration; clearly defining the responsibilities of collectives and individuals in letting corporations suffer losses and proposing handling forms under provisions of law | Sector- or domain-managing ministries, provincial-level People's Committees, that manage | Ministry of Finance, Ministry of Planning and Investment, Steering Committee for Renewal and Development of Enterprises
| May 2010
| Scheme submitted to the Prime Minister |
| |||||
9 | Reorganizing state corporations and companies to form state-run corporations to be powerful enough to lead the economy, occupying greater position and role, being capable of competing with enterprises in the region and the world | Steering Committee for Development of Enterprises | Ministry of Planning and concerned functional bodies | June 2010 | Scheme submitted to the Government
|
| |||||
10 | Identifying branches and domains in which state-run economic groups or corporations are needed in 5 or 10 years to come | Steering Committee for Renewal and Development of Enterprises | Ministry of Planning and Investment and concerned functional bodies | June 2010 | Report submitted to the Government |
| |||||
11 | Finally reviewing the handling of debts in state-enterprise sector and finding out effective measures to settle bad debts | Ministry of Finance | State Bank of Vietnam and concerned functional bodies | June 2010 | Final review report submitted to the Government |
| |||||
12 | Revaluating state capital and assets at state-run groups or corporations | Ministry of Finance | Concerned functional agencies | Second quarter of 2010 | Scheme submitted to the Government |
| |||||
13 | Speeding up the reorganization, renewal and equitization of state enterprises | Ministries, sectors, provincial-level People's Committees, that manage state-run groups or corporations | Ministry of Finance, Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Steering Committee for Renewal and Development of Enterprises | March 2010 | Scheme on reorganization and renewal of enterprises, submitted to the Prime Minister |
| |||||
14 | Specifying the regime of reporting on, publicity and transparency of, activities of state- run groups and corporations on the basis of clearly defined criteria | Ministry of Finance | Steering Committee for Renewal and Development of Enterprises and concerned functional bodies | June 2010 | Prime Minister decision | ||||||
15 | Renewing the mechanism of management of wages and bonuses in state- run groups and corporations, creating autonomy for enterprises and harmonizing the interests of the State, enterprises and laborers; elaborating regulations on wages and bonuses for managers of the state capital portions at enterprises with state capital | Ministry of Labor, War Invalids and Social Affairs | Ministry of Finance and concerned functional bodies | Second quarter of 2010 | Scheme submitted to the Government | ||||||
16 | Providing for criteria for selection of personnel for management of groups and corporations; the powers, responsibilities and interests; the measures for handling of violations; specific mechanisms of commendations and penalties | Ministry of Home Affairs
| Steering Committee for Renewal and Development of Enterprises and functional bodies | June 2010 | Criteria to be submitted to the Prime Minister | ||||||
17 | Preliminarily reviewing and assessing the model off organization and operation of the State Capital Investment Corporation; finalizing the mechanism of representation of state capital portions on the basis of clarifying their legal status, relations with capital management bodies, state management bodies. Identifying the key body for personnel management of the contingent of these officials | Ministry of | Ministry of Investment, Ministry of Home Affairs, Steering Committee for Renewal and Development of Enterprises | February
| Report submitted to the Political Bureau |
| |||||
18 | Drafting a decree on organization and operation of the State Capital Investment Corporation | Ministry of Finance | Concerned functional bodies | Second quarter of 2010 | Draft decree |
| |||||
VIETNAMESE DOCUMENTS
Resolution 10/NQ-CP PDF (Original)This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
ENGLISH DOCUMENTS
Resolution 10/NQ-CP DOC (Word)This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
