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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
573/TTg
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Hanoi
,August 23,1996
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DIRECTIVE
ON CREATING CONDITIONS FOR THE STATE
CORPORATIONS ESTABLISHED BY DECISION OF THE PRIME MINISTER TO EARLY START
STABLE OPERATIONS
To date the Prime Minister has issued decisions
establishing 18 State Corporations to operate according to the model defined in
Decision No. 91-TTg of March 7, 1994 of the Prime Minister (Corporations 91 for
short). Although they have not been long in operation and are still facing many
difficulties, the results obtained by Corporations 91 during the past year or
so of operation have begun to prove that this model of organization is in the right
direction and conforms to the requirement for renewal of the State-owned
economic sector. In order to create conditions for Corporations 91 to early
start their stable operations and fulfill the tasks assigned by the State, the
Prime Minister instructs the branches concerned to urgently do the following
works:
1. on guiding the implementation of the law
on state enterprises:
The State agencies according to their assignment
of responsibilities should early perfect the contents of documents to submit to
the Government and the Prime Minister for issuing, or issue by themselves
documents guiding the implementation of the Law on State Enterprises,
particularly the documents directly concerning the State Corporations.
Following is the working order:
a/ The Ministry of Planning and Investment shall
prepare:
- A Decree on the establishment,
re-organization, dissolution and bankruptcy of State enterprises to submit to
the Government for promulgation in August 1996.
- A Decree on State management and the exercise
of the State’s ownership over State enterprises to submit to the Government for
promulgation in late October 1996 to guide the implementation of Article 25,
Article 26 and Article 27 of the Law on State Enterprises.
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b/ The Ministry of Finance shall prepare:
- A Decree on the Regulations of financial
management and business accounting for State enterprises to submit to the Prime
Minister for promulgation in early September 1996.
- The Ministry shall sign into effect right in
August 1996 the model Financial Regulations for State corporations. The
Managing Councils of Corporations 91 shall base themselves on the model
Regulations to compile the Financial Regulations of their Corporations, and
sign it into effect by the end of October 1996 at the latest, after the
Ministry of Finance approves of the contents. Any deviation from the
Regulations on financial management and business accounting for State
enterprises when it is officially promulgated by the Government shall be
amended by the Ministry of Finance at an ulterior date.
c/ The Government Commission on Organization and
Personnel shall prepare and sign into effect in September 1996 the salary and
allowance regime for the members of the Managing Council (salaries for
full-time members and allowances for part-time members).
While preparing it, the Government Commission on
Organization and Personnel should discuss and reach agreement with the Ministry
of Labor, War Invalids and Social Affairs on this issue. As for Corporations
91, they can pay the Chairman of the Managing Council a salary equal to that of
a Vice-Minister and the members a salary equal to the highest salary of a
department head. The General Director shall be paid according to a separate
stipulation. Those persons who are paid more than the rates set here shall
retain the rates of payment if they are appointed to the Managing Council by
the Prime Minister.
d/ The Central Steering Board for Renewing
Enterprises shall prepare and in September 1996 give guidance on:
- The working statute of the Managing Councils
of Corporations 91, and the relationship between the Managing Council and the
General Director.
- The working statute of the Control Commission.
e/ The General Department of Statistics shall
prepare and in late October 1996 issue documents supplementing and amending the
reporting and statistical regime in accordance with the Law on State
Enterprises and other sub-law documents concerning State Corporations after
discussing and reaching agreement with the Ministry of Planning and Investment
and the Ministry of Finance.
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a/ The Government Commission on Organization and
Personnel shall discuss with the State agencies concerned to submit from now to
the end of October 1996 proposals to the Prime Minister to appoint enough key
officials for Corporations 91, particularly those Corporations which are still
without Chairmen of the Managing Councils and Deputy General Directors.
Besides, the Commission should revise the existing staffs of the Managing
Councils of Corporations 91 and submit them to the Prime Minister to adjust
irrational cases, especially where State managers cumulate the responsibilities
of both the Chairman of the Managing Council and the Head of the Control
Commission.
b/ In the third quarter of 1996, the Managing
Councils of Corporations 91 must perfect the Control Commission. In case the
Ministry of Finance and the Ministry in charge of the economic-technical branch
concerned fail to recommend full-time members as stipulated in the Statutes of
the Corporations, the Managing Council can choose qualified persons and make
them full-time members of the Control Commission so that they may have the
conditions to carry out well the tasks assigned by the Managing Council.
c/ All Corporations 91 must elaborate and issue
in September 1996 the Regulations on the work of their assisting staffs. The
Managing Council and the General Director shall use this staff together without
organizing separate assisting staffs.
d/ The Managing Councils of Corporations 91 must
ratify the Statutes and Regulations on the organization and operation of all
member units by the end of 1996 at the latest.
e/ The Managing Councils of the Food
Corporations in the North and the Food Corporations in the South in September
1996 should issue the Regulations on the operation of their member food
enterprises, clearly stipulating that, in addition to carrying out the tasks
assigned by the Corporation, these enterprises must also perform the task of
purchasing and processing food grains in the province as assigned by the
People’s Committees of the provinces and cities directly under the Central
Government, and comply with the principle that with the member enterprises of
the Corporations engaged in food business and supply of food to the people in
the province, there is no need to set up a local food enterprise.
3. On the financial issues of Corporations
91:
a/ The Ministry of Finance should urgently do
the following works:
- Finishing capital allocation to Corporations
91 by the end of September 1996 at the latest.
- From now to the end of 1996, it shall specify
for each Corporation 91 a list of semi-products transferred among member units
for finishing and the services transferred among member units to serve
production without having to pay turnover tax.
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- Studying and submitting to the Prime Minister
measures to settle the shortage of capital for a number of other Corporations
91, such as reserve working capital for the Food Corporation of the North and
the Food Corporation of the South, in order to buy commodity food grains from
farmers according to seasons, and the necessary capital for the Vietnam
Shipbuilding Corporation to complete the building of ships as planned.
b/ The existing debts owed by the enterprises at
the point of time when they become members of Corporations 91 shall be settled
as follows:
- If a debt incurred by the enterprise because
it has to carry out an instruction of a State agency, the latter shall have to
take measures to repay it.
- A debt incurred as a result of the
enterprise’s business activities shall be repaid by the enterprise under the
direction of the Corporation.
c/ The Ministry of Finance shall cooperate with
the State Bank to create conditions for the early establishment and operation
of financial companies in Corporations 91.
4. On the relationship between Corporations
91 and State agencies:
a/ The State agencies when issuing legal
documents concerning State enterprises must send copies of these legal
documents to Corporations 91.
b/ When submitting proposals to State agencies
for settlement, Corporations 91 shall apply the principle of going only to one
door for each specific matter. An issue that comes within the jurisdiction of
any State agency should be submitted directly to that State agency by these
Corporations for settlement. If necessary, this State agency shall discuss with
the other State agencies concerned to settle it and answer the Corporations
without having to ask them to enclose the opinions of the State agencies
concerned. If an issue comes within the jurisdiction of the Prime Minister, the
Corporations apart from sending a copy to the Prime Minister (through the
Office of the Government) must send a copy to the Ministry in charge of the
economic-technical branch, the relevant Ministry and the provincial People’s
Committee concerned, so that when the Prime Minister needs to consult them,
they have already been prepared.
c/ The Minister-Director of the Office of the
Government shall establish a section in the Office of the Government to act as
an agency to help the Prime Minister in directing and settling the proposals of
Corporations 91. Pending the establishment of this section, the Central
Steering Board for Renewing Enterprises shall assume the task of the said
agency.
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a/ The Central Organization Commission should
discuss with the Central Economic Commission to early give guidance on the form
and contents of activity of the Party organization in the State Corporations.
b/ The Vietnam Confederation of Labor should
early give guidance on the form and contents of activity of the Trade Union
organizations in the State Corporations.
6. Other issues:
The Central Steering Board for Renewing
Enterprises shall have to cooperate with the agencies concerned in helping the
key officials in the State Corporations and the State agencies concerned to
understand the contents of the legal documents and exchange experiences
concerning the organization and operation of the State Corporations.
FOR THE PRIME MINISTER,
DEPUTY PRIME MINISTER,
Tran Duc Luong